Malta

Criminal Code

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title IV
OF ABUSE OF PUBLIC AUTHORITY
ยง OF UNLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY

115. (1) Any public officer or servant who, in connection with his office or employment, requests, receives or accepts for himself or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage to which he is not entitled, shall, on conviction, be liable to punishment as follows:
(a) where the object of the reward, promise or offer, be to induce the officer or servant to do what he is in duty bound to do, the punishment shall be imprisonment for a term from six months to three years;
(b) where the object be to induce the officer or servant to forbear from doing what he is in duty bound to do, the punishment shall, for the mere acceptance of the reward, promise or offer, be imprisonment for a term from nine months to five years;
(c) where, besides accepting the reward, promise, or offer, the officer or servant actually fails to do what he is in duty bound to do, the punishment shall be imprisonment for a term from one year to eight years.

(2) Notwithstanding any other provision of this Code or of any other law, when the offence against the provisions of this article is committed by a person who, at the time when the offence was committed, held the office of Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local Councillor and the offence involved the abuse of such office, the provisions of Title VI of Part III of Book Second of this Code shall not apply to the said person or to any accomplice.

Keywords

Offences against administration of justice
Soliciting or accepting a bribe as an official of the Court
National penalties - offences against the administration of justice
National penalties - maximum penalty



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