Malta Legal Research
Malta Criminal Law
Research Maltese criminal law, the Criminal Code (Cap. 9), sentencing precedents, and Court of Criminal Appeal decisions with AI-powered search across 80,000+ court judgments.
What LexMT covers
- Criminal Code of Malta (Cap. 9) — full text with all amendments
- 80,000+ court judgments including Court of Criminal Appeal decisions
- Prevention of Money Laundering Act, Dangerous Drugs Ordinance, and related statutes
- 28,000+ CJEU decisions on EU criminal law matters affecting Malta
Key concepts in Malta criminal law
Criminal Code (Cap. 9)
The Criminal Code of Malta, originally enacted in 1854, defines criminal offences and punishments. It distinguishes between crimes (reati) tried by the Criminal Court with a jury, and contraventions (kontravenzjonijiet) tried summarily by magistrates.
Sentencing Guidelines
Malta does not have formal sentencing guidelines but follows established ranges in case law. Aggravating factors include premeditation, vulnerability of victim, and breach of trust. Mitigating factors include cooperation, remorse, and first-time offending.
Criminal Procedure
The Criminal Code and procedural provisions govern arrest, detention, bail, preliminary inquiry (kumpilazzjoni), arraignment, trial, and appeal. Accused persons have rights including legal representation, interpretation, and a speedy trial.
Appeals
Appeals from the Court of Magistrates lie to the Court of Criminal Appeal. Appeals from Criminal Court verdicts go to the Court of Criminal Appeal sitting with three judges. Constitutional challenges may be referred to the Constitutional Court.
Money Laundering Offences
The Prevention of Money Laundering Act (Cap. 373) criminalises money laundering with penalties up to EUR 2.5 million and 18 years imprisonment. It implements EU AML directives and FATF recommendations.
Drug Offences
The Dangerous Drugs Ordinance (Cap. 101) criminalises possession, supply, and trafficking of controlled substances. Trafficking carries up to life imprisonment. Recent reforms decriminalised simple possession of cannabis for personal use.
Frequently asked questions
What is the maximum sentence under Malta criminal law?
Malta abolished capital punishment in 1971 and life imprisonment in 2016 for new offences. The maximum sentence is now 30 years imprisonment for the most serious crimes including murder. Sentences over 10 years require trial by jury.
Which court handles criminal cases in Malta?
The Court of Magistrates handles minor offences (contravvenzioni) and conducts preliminary inquiries. Serious crimes (reati) are tried by the Criminal Court with a jury. Appeals go to the Court of Criminal Appeal. The Constitutional Court hears fundamental rights challenges.
What is the age of criminal responsibility in Malta?
Under Maltese law, children under 14 cannot be held criminally responsible. Young persons aged 14-17 are tried before the Juvenile Court with modified procedures and sentencing options focused on rehabilitation rather than punishment.
How does plea bargaining work in Malta?
Malta introduced formal plea bargaining provisions in 2002. The accused may admit guilt in exchange for a reduced sentence agreed with the prosecution. The court must approve the agreement but typically reduces the sentence by one to two degrees.
What are the bail conditions in Malta?
Bail may be granted by the court subject to conditions including monetary guarantees, reporting requirements, surrender of travel documents, and curfews. Bail may be refused if there is risk of flight, interference with evidence, or commission of further offences.