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General penalty enhancement

GENERAL PROVISION APPLICABLE TO OFFENCES WHICH ARE RACIALLY AGGRAVATED OR MOTIVATED BY XENOPHOBIA OR HOMOPHOBIA 

83B.

The punishment established for any offence shall be increased by one to two degrees when the offence is aggravated or motivated, wholly or in part by hatred against a person or a group, on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion within the meaning of sub-articles (3) to (6), both inclusive, of article 222A: Provided that the provisions of this article shall not apply where an aggravation of punishment in respect of the motives mentioned in this article is already provided for under this Code or any other law.

 

‚Äč222A.

(1), (2)

(3) An offence is aggravated or motivated on grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion if:

(a) at the time of committing the offence, or immediately before  or  after  the  commission  of  the  offence,  the offender  demonstrates  towards  the  victim  of  the offence hostility, aversion or contempt based on the victim’s membership (or presumed membership) of a group, denoting a particular gender, gender identity, sexual orientation,  race,  colour,  language,  national  or  ethnic origin, citizenship, religion or belief or political or other opinion; or

(b) the offence is motivated, wholly or partly, by hostility, aversion or contempt towards members of a group as referred to in paragraph (a).

(4) In subarticle (3)(a):

"membership",  in  relation  to  a  group,  includes association with members of that group;

"presumed" means presumed by the offender.

(5) It is immaterial for the purposes of subarticle (3)(a) or (b)

whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that those paragraphs.

(6) In this article:

"racial group" means a group of persons defined by reference  to  race,  descent,  colour,  nationality (including citizenship) or ethnic or national origins;

"religious group" means a group of persons defined by reference to religious belief or lack of religious belief.

 

Specific penalty enhancement

Sub-title II OF WILFUL OFFENCES AGAINST THE PERSON

222A.

(1) The  punishments  established  in  the  foregoing provisions of this sub-title[1] shall be increased by one or two degrees when the harm is committed on a person who has attained the age of sixty years or on a person suffering from a degree of physical or

mental infirmity in consequence of which he is unable to defend himself adequately:

Provided that the provisions of this article shall not apply where an aggravation of punishment is already provided for under this Code or any other law.

(2) The punishments established in the foregoing provisions of this sub-title shall also be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender,

gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion.

 

Sub-title IX OF THREATS, PRIVATE VIOLENCE AND HARASSMENT

Art 251 D General provisions.

(1) The  punishments  established  in  the  foregoing provisions of this sub-title[2] shall be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language,

national or ethnic origin, citizenship, religion or belief or political or other opinion within the meaning of sub-articles (3) to (6), both inclusive, of article 222A

 

Title IX OF CRIMES AGAINST PROPERTY AND PUBLIC SAFETY; Sub-title IV OF CRIMES AGAINST PUBLIC SAFETY, AND OF INJURY TO PROPERTY

325A. (Increase of punishment in certain cases)

(1) The  punishments established  in  the  foregoing provisions of this sub-title  shall be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion within the meaning of sub-articles (3) to (6), both inclusive, of article 222A.

(2) For the purposes of this article "relevant offence" means any of the offences under articles 311, 312, 314A, 316, 317 to 320, both inclusive, and 325.

 

Incitement to violence

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.

 



[1] Sub-title IX OF THREATS, PRIVATE VIOLENCE AND HARASSMENT Art 249 - 251 C:

Art 249 Threats by means of writings; Art. 250 Blackmail; Art. 251 Private Violence; Art 251A. Harassment; Art. 251AA. Stalking; Art 251 B Causing others to fear that violence will be used against them; Art 251 BA Stalking involving fear of violence, serious alarm or distress.;

[2] Sub-title II OF WILFUL OFFENCES AGAINST THE PERSON. Art 214 Bodily harm; Art 216 Grievous bodily harm; Art 217 Grievous bodily harm with arms proper, etc; Art 218 Other cases of  grievous bodily harm; Art 220 Grievous bodily harm from which death ensues; Art 221 - Slight bodily harm.