'Unique provision - modes of liability' in document 'Malta - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE IV
OF ACCOMPLICES

42. (b) instigates the commission of the crime by means of bribes, promises, threats, machinations, or culpable devices, or by abuse of authority or power, or gives instructions for the commission of the crime;

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE IV
OF ACCOMPLICES

47. Any person who -
(a) constrains another person by an external force which such other person could not resist, to commit an offence; or
(b) participates by any of the acts specified in article 42 in an offence committed by any other person who is according to law exempt from criminal responsibility,
shall himself be guilty of that offence as a principal offender.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

TITLE II
OF CRIMES AGAINST THE PUBLIC PEACE

82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion or whereby such violence or racial hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.

(2) For the purposes of the foregoing subarticle "violence or hatred" means violence or hatred against a person or against a group of persons in Malta defined by reference to gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion.


82B. Whosoever publicly condones, denies or grossly trivialises genocide, crimes against humanity and war crimes directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin when the conduct is carried out in a manner -
(a) likely to incite to violence or hatred against such a group or a member of such a group;
(b) likely to disturb public order or which is threatening, abusive or insulting,
shall, on conviction, be liable to imprisonment for a term from eight months to two years:
Provided that for the purposes of this article "genocide", "crimes against humanity" and "war crimes" shall have the same meaning assigned to them in article 54A.