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

36. Saving the powers of the Minister under the Children and Young Person (Care Orders) Act, minors under the age of fourteen but over nine who, acting with a mischievous discretion, shall commit an offence, shall be liable on conviction to the punishments established for contraventions:
Provided that the court may instead of sentencing the minor to a punishment apply the provisions of article 35(3) or (4):
Provided also that where the court is of the opinion that, when it takes into account the age of the offender, his previous conduct, the gravity of the fact of which he has been convicted and the degree of mischievous discretion shown by the offender as it appears from his conduct by which the offence was committed and from all the other circumstances of the offence, the punishments established for contraventions would not be appropriate, the court may sentence the person convicted to the punishment laid down for the offence decreased by three degrees provided that in no case may the punishment exceed four years imprisonment.

Keywords

Individual criminal responsibility
Age of criminal responsibility - national proceedings



EDIT.