BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

103. Whosoever, in any civil or criminal proceedings, shall cause a false document to be prepared or shall knowingly produce a false document, shall be liable to the same punishment as the forger thereof.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

104. (1) Whosoever shall give false evidence in any criminal proceedings for a crime liable to a punishment higher than the punishment of imprisonment for a term of two years, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from two to five years.

(2) Where, however, the person accused shall have been sentenced to a punishment higher than that of imprisonment for a term of five years, the witness who shall have given false evidence against such person in the trial, or of whose evidence use shall have been made against such person in the trial, shall be liable to such higher punishment.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

105. Whosoever shall give false evidence in any criminal proceedings for an offence not referred to in the last preceding article, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from nine months to two years.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

110. (1) Whosoever shall fraudulently cause any fact or circumstance to exist, or to appear to exist, in order that such fact or circumstance may afterwards be proved in evidence against another person, with intent to procure such other person to be unjustly charged with, or convicted of, any offence, shall, on conviction, be liable to the punishment established for a false witness, in terms of the preceding articles of this sub-title.
(2) Whosoever shall lay before the Executive Police an information regarding an offence knowing that such offence has not been committed, or shall falsely devise the traces of an offence in such a manner that criminal proceedings may be instituted for the ascertainment of such offence, shall, on conviction, be liable to imprisonment for a term not exceeding one year.

PART 3
OFFENCES IN RELATION TO THE ICC
7. (1) It shall be an offence for any person to intentionally commit any of the acts mentioned in Article 70.1 of the ICC Treaty (offences against the administration of justice in relation to the ICC), hereinafter in this Part referred to as “the relevant article”.
(2) In interpreting and applying the provisions of the relevant article the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.
(3) Without prejudice to the provisions of article 5 of the Criminal Code, a criminal action may also be prosecuted in Malta against any citizen of Malta or permanent resident in Malta who shall have become guilty of an offence mentioned in subarticle (1) although the offence may have been committed outside Malta.
(4) Proceedings for an offence under this article shall not be instituted except by or with the consent of the Attorney General.
(5) The relevant provisions of the relevant article are set out in the Second Schedule.
(6) A person who is found guilty of an offence under subarticle (1) shall be liable to punishment as follows -
(a) where the offence consists of the act mentioned in paragraph (a) of the relevant article, to the punishment laid down in articles 104, 105, 107 of the Criminal Code for the corresponding circumstances of the case;
(b) where the offence consists of the act mentioned in paragraph (b) of the relevant article, to the punishment laid down in article 103 of the Criminal Code;
(c) where the offence consists of any of the acts
mentioned in paragraph © of the relevant article, to the punishment laid down in articles 102, 110, or 111 of the Criminal Code for the corresponding circumstances of the case;
(d) where the offence consists of any of the acts mentioned in paragraph (d) of the relevant article -
(i) to the punishment of imprisonment from two to five years if the official of the Court properly performs his or her duties; or
(ii) to the said punishment increased by two or three degrees where the official of the Court fails to perform, or improperly performs, his or her duties; or
(iii) to any punishment higher than imprisonment for a term of five years to which a person accused of an ICC crime may have been sentenced where the official of the Court fails to perform, or improperly performs, his or her duties in or in connection with the trial of that person;
(e) where the offence consists of the act mentioned in paragraph (e) of the relevant article, to the punishment laid down in article 95(1) of the Criminal Code as the circumstances of the case may be;
(f) where the offence consists of any of the acts mentioned in paragraph (f) of the relevant article, the offender may be dealt with as for the corresponding
offence under articles 115 and 121(4)(d) of the Criminal Code and shall be liable to punishment accordingly.

8.(1) References in this Part to a person committing any of the acts mentioned in the relevant article, shall be construed in accordance with this article.
(2) Unless otherwise provided by article 7 or by the relevant article, a person is regarded as committing an act referred to in subarticle (1) only if the material elements are committed with intent and knowledge.
(3) For this purpose -
(a) a person has intent -
(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events, and
(b) “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.
(4) In interpreting and applying the provisions of this article (which corresponds to article 30 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence