Malta

Criminal Code

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 II
OF THE WILL AND AGE OF THE OFFENDER

35. (1) Minors under nine years of age shall be exempt from criminal responsibility for any act or omission.

(2) Minors under fourteen years of age shall likewise be exempt from criminal responsibility for any act or omission done without mischievous discretion.

(3) Nevertheless, in any of the cases referred to in subarticles (1) and (2), the court may, on the application of the Police, require the parent or other person charged with the upbringing of the minor to appear before it, and, if the fact alleged to have been committed by the minor is proved and is contemplated by the law as an offence, the court may bind over the parent or other person to watch over the conduct of the minor under penalty for non¬compliance of a sum of not less than eleven euro and sixty-five cents (11.65) and not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), regard being had to the means of the person bound over and to the gravity of the fact.

(4) If the fact committed by the minor is contemplated by the law as an offence punishable with a fine (ammenda), the court may, in lieu of applying the provisions of subarticle (3), award the punishment against the parent or other person charged with the upbringing of the minor, if the fact could have been avoided by his diligence.

(5) For the purpose of the application of the provisions of the preceding subarticles of this article, the parent or other person charged with the upbringing of the minor as aforesaid, shall be required to appear, by summons, in accordance with the provisions contained in Book Second of this Code.

Keywords

Age of criminal responsibility - national proceedings



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