'National penalties - offences against the administration of justice' in document 'Malta: ICC Act 2003'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 3
OFFENCES IN RELATION TO THE ICC

7.

(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.