Criminal Code of the Republic of Malta (1854, as amended 2021) (excerpts related to Hate Crimes) (English)

 

General penalty enhancement

GENERAL PROVISION APPLICABLE TO OFFENCES WHICH ARE RACIALLY OR DISABILITY OR AGE AGGRAVATED OR MOTIVATED BY XENOPHOBIA OR HOMOPHOBIA

 

Article 83B.

The  punishment  established  for  any  offence  shall  be increased by one to two degrees when the offence is aggravated or motivated, wholly or in part by hatred against a person or a group, on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion within the meaning of sub-articles(3) to (6), both inclusive, of article 222A: Provided that the provisions of this article shall not apply where an aggravation of punishment in respect of the motives mentioned in this article is already provided for under this Code or any other law.

 

Article 222A.

(2)  The punishments established in the foregoing provisions of this Sub-title* shall also be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion.

(3) An offence is aggravated or motivated on grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion if:

(a) at the time of committing the offence, or immediately before  or  after  the  commission  of  the  offence,  the offender  demonstrates  towards  the  victim  of  the offence hostility, aversion or contempt based on the victim’s membership (or presumed membership) of a group, denoting a particular gender, gender identity, sexual orientation,  race,  colour,  language,  national  or  ethnic origin,  age,  disability,  citizenship,  religion  or  belief  or political or other opinion; or

(b) the offence is motivated, wholly or partly, by hostility, aversion or contempt towards members of a group as referred to in paragraph (a).

(4) In sub-article (3) (a):

"membership",  in  relation  to  a  group,  includes association with members of that group;

"presumed" means presumed by the offender.

(5) It is immaterial for the purposes of sub-article (3)(a) or (b) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that those paragraphs.

(6) In this article:

"racial group" means a group of persons defined by reference  to  race,  descent,  colour,  nationality(including citizenship) or ethnic or national origins;

"religious group" means a group of persons defined by reference to religious belief or lack of religious belief.

 

 (7) The punishment prescribed for any of the crimes referred to in the preceding articles of this Sub-title shall be increased by one to two degrees in the applicable cases referred to in article 202, provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is already provided for under this Code or any other law, the higher punishment may be applied.

*Sub-title II OF WILFUL OFFENCES AGAINST THE PERSON. Art 214 Bodily harm; Art 216 Grievous bodily harm; Art 217 Grievous bodily harm with arms proper, etc; Art 218 Other cases of  grievous bodily harm; Art 220 Grievous bodily harm from which death ensues; Art 221 - Slight bodily harm.

 

Article 251D.

(1) The  punishments  established  in  the  foregoing provisions of this Sub-title** shall be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion within the meaning of sub-articles (3) to (6), both inclusive, of article 222A.

…

** Sub-title IX OF THREATS, PRIVATE VIOLENCE AND HARASSMENT Art 249 - 251 C: Art 249 Threats by means of writings; Art. 250 Blackmail; Art. 251 Private Violence; Art 251A. Harassment; Art. 251AA. Stalking; Art 251 B Causing others to fear that violence will be used against them; Art 251 BA Stalking involving fear of violence, serious alarm or distress.

 

Article 325.

1. Whosoever, by any means other than those referred to in the preceding articles of this Sub-title, shall wilfully commit any spoil, damage or injury to or upon any movable or immovable property belonging to any other person, shall, on conviction, be liable –

…

 

Article 325A.

1. The  punishments  established  in  the  foregoing provisions of this Sub-title shall be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion within the meaning of sub-articles (3) to (6), both inclusive, of article 222A.