Malta

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Mali are found in the 2016 Penal Code, which addresses forced marriage with fraud, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct at Article 251G, with a potential penalty of imprisonment from one to five years and, optionally, from five to twenty years of residence ban. Provisions related to forced marriage in Mali are also found in the Marriage Act, which addresses consent for marriage exerted by violence or fear, or by error on the identity of the other party or fraud about some quality of the other party at Article 19. Solemnising a marriage without having obtained the consent of the spouses is prohibited by Article 211 of the 2011 Family Code, with a potential penalty of a imprisonment from six months to one year or a fine of 25,000 to 120,000 francs.

Consent to marriage

There appears to be no legislation in Malta that requires consent to marriage. However, section 19 of the Marriage Act recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.

Servile marriage

There appears to be no legislation in Malta that prohibits servile matrimonial transactions.

Marriage trafficking

Although legislation in Malta does not prohibit marriage trafficking as such, it does prohibit detaining for forced marriage and taking abroad for forced marriage. Detaining for forced marriage is prohibited under article 251 G of the Criminal Code 2018, with a potential penalty of imprisonment for a term from three to five years. Taking abroad for forced marriage is prohibited under article 251 GA of the Criminal Code 2018, with a potential penalty of imprisonment for a term from four to six years.

Minimum age for marriage

The minimum age for marriage in Malta is 16, without differentiation by gender, as set out on Article 3 of the 1975 Marriage Act. Where marriages are conducted involving a person below the minimum age, the marriage shall be void, as set out on Article 3 of the 1975 Marriage Act.

Region

Western Europe and Others

Regional Court

European Court of Human Rights

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
03 January 1966
1966 ICCPR
13 September 1990
1930 Forced Labour Convention
04 January 1965
2014 Protocol to the 1930 Forced Labour Convention
14 February 2019
1957 Abolition of Forced Labour Convention
04 January 1965
1999 Worst Forms of Child Labour Convention
15 June 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
24 September 2003
1998 Rome Statute of the ICC
29 November 2002
1956 Supplementary Slavery Convention
03 January 1966
1966 ICCPR
13 September 1990
1966 Optional Protocol to the ICCPR
13 September 1990
1966 ICESCR
13 September 1990
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
07 June 1967
1989 Convention on the Rights of the Child
30 September 1990
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
28 September 2010
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
08 March 1991
1999 Optional Protocol to CEDAW
14 March 2019
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
24 September 2003
1998 Rome Statute of the ICC
29 November 2002
1999 Worst Forms of Child Labour Convention
15 June 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • European Court of Human Rights
  • Commonwealth
  • Organisation for Security and Cooperation in Europe
  • European Union
  • Council of Europe

Legislative Provisions

AWAD REPORT

Paragraph 303
Section 36(1) [of the Constitution of Malta] lays down an entrenched human right that “no person shall be required to perform forced labour”.

 

CONSTITUTION OF MALTA ACT 1964 (WITH AMENDMENTS THROUGH 2014)

7. Right to work
The State recognises the right of all citizens to work and shall promote such conditions as will make this right effective.
12. Protection of work
1. The State shall protect work.
2. It shall provide for the professional or vocational training and advancement of workers.
13. Hours of work
1. The maximum number of hours of work per day shall be fixed by law.
2. The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.
15. Minimum age for paid labour
The minimum age for paid labour shall be prescribed by law.
16. Safeguarding labour of minors
The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.
32. Fundamental rights and freedoms of the individual
Whereas every person in Malta is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely –
a. life, liberty, security of the person, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression and of peaceful assembly and association; and
c. respect for his private and family life,
the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
34. Protection from arbitrary arrest or detention
1.No person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to say –
35. Protection from forced labour
1. No person shall be required to perform forced labour.
2. For the purposes of this article, the expression “forced labour” does not include –
a. any labour required in consequence of the sentence or order of a court;
b. labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, education or welfare, is reasonably required for that purpose;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d. any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community.
36. Protection from inhuman treatment
1. No person shall be subjected to inhuman or degrading punishment or treatment.
44. Protection of freedom of movement
1. No citizen of Malta shall be deprived of his freedom of movement, and for the purpose of this article the said freedom means the right to move freely throughout Malta, the right to reside in any part of Malta, the right to leave and the right to enter Malta.

CONSTITUTION OF MALTA ACT 1964 (WITH AMENDMENTS THROUGH 2014) (PDF)

MALTA CRIMINAL CODE

54A. General
(1) It is a crime for a person to commit genocide, a crime against humanity or a war crime.
(2) In this Title ­
”crime against humanity” means a crime against humanity as
defined in article 54C;
”war crime” means a war crime as defined in article 54D;
(3) In interpreting and applying the provisions of this Title the court shall take into account the original text of the ICC Treaty and of any treaty and convention referred to in the ICC Treaty.
54C. Crimes against Humanity
(1) A crime against humanity is committed where any of the following acts is committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(c) enslavement;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(2) For the purpose of subarticle (1) ­
(c) ”enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
54D. War crimes
A war crime is committed where any of the following acts is committed:
(b) other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(xxii) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(e) other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
(vi) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
204. Inducing, etc, persons under age into prostitution
(1) Whosoever in order to gratify the lust of any other person induces a person under age to practise prostitution, or instigates the defilement of such person, or encourages or facilitates the prostitution or defilement of such person, shall, on conviction, be liable to imprisonment for a term from eighteen months to four years, with or without solitary confinement:
Provided that the offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement, in each of the following cases:
(a) if the offence is committed to the prejudice of a person who has not completed the age of twelve years;
(b) if the offence is committed by deceit;
(c) if the offence is committed by any ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or wife or tutor of the minor, or by any other person charged, even though
temporarily, with the care, eduction, instruction, control or custody of the minor;
(d) if the offence is committed habitually or for gain.
(2) The provisions of article 197(4) shall also apply in the case of any offence under this article, when the offence is committed by the husband or the wife, by an ascendant or by the tutor.
204A. Instigation with violence of persons under age to prostitution or to participation in pornographic performance
(1) Whosoever ­
(a) with violence compels a person under age into prostitution or into participating in a pornographic performance, or
(b) knowingly makes any gain or derives any benefit from the conduct referred to in paragraph (a),
shall, on conviction, be liable to imprisonment for a term from two
to six years, with or without solitary confinement.
(2) The punishment for the offence in subarticle (1)(b) shall be increased by one degree, with or without solitary confinement, in each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article 83A(1).
204B. Inducing persons under age to prostitution or to participation in a pornographic performance
(1) Whosoever in order to gratify the lust of any other person engages a person under age to practise prostitution, or to participate in pornographic performances, shall, on conviction, be liable to imprisonment for a term from eighteen months to four years, with or without solitary confinement.
(2) The offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement, in each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article 83A(1).
205. Compelling or inducing person of age to prostitution
Whosoever in order to gratify the lust of any other person, by the use of violence, compels or, by deceit, induces a person of age, to practise prostitution, shall, where the act committed does not constitute a more serious offence, be liable, on conviction, to imprisonment for a term not exceeding two years, with or without solitary confinement:
Provided that the offence shall be punishable with imprisonment for a term from one to four years, if it is committed ­
(a) with abuse of authority, of trust or of domestic relations; or
(b) habitually or for gain.
208B. Provisions applicable to articles 204 to 204C and 208A of the Code.
(4) The provisions of articles 13 and 14 of the White Slave Traffic (Suppression) Ordinance, shall apply mutatis mutandis.
248A. Traffic of a person of age for the purpose of exploitation in the production of goods or provision of services
(1) Whosoever, by any means mentioned in subarticle (2), trafficks a person of age for the purpose of exploiting that person in the production of goods or provision of services shall, on conviction, be liable to the punishment of imprisonment for a term from two to nine years.
For the purposes of this subarticle exploitation includes requiring a person to produce goods and provide services under conditions and in circumstances which infringe labour standards governing working conditions, salaries and health and safety.
(2) The means referred to in subarticle (1) are the following:
(a) violence or threats, including abduction;
(b) deceit or fraud;
(c) misuse of authority, influence or pressure;
(d) the giving or receiving of payments or benefits to achieve the consent of the person having control over another person.
248B. Traffic of a person of age for the purpose of exploitation in prostitution, etc.
Whosoever, by any means mentioned in article 248A(2), trafficks a person of age for the purpose of exploiting that person in prostitution or in pornographic performances or in the production of pornographic material shall, on conviction, be liable to the punishment laid down in article 248A(1).
248C. Traffic of a person of age for the purpose of exploitation in the removal of organs.
Whosoever, by any means mentioned in article 248A(2), trafficks a person of age for the purpose of exploiting that person in the removal of any organ of the body shall on conviction be liable to the punishment of imprisonment for a term from four to twelve years.
248D. Traffic of a minor for any of the purposes mentioned in articles 248A to 248C
Whosoever trafficks a minor for any of the purposes mentioned in articles 248A to 248C, both inclusive, shall, on conviction be liable to the same punishment laid down in those articles, as the case may be, even if none of the means mentioned in article 248A(2) has been used:
Provided that where any of the means mentioned in article 248A(2) has been used in the commission of the offence under this article the punishment for the offence shall be increased by one degree.
248DA. Improperly inducing consent to adoption of a minor for purposes of exploitation
Whosoever, for any purpose referred to in articles 248A to 248C, both inclusive, acting as an intermediary for the adoption of a child improperly induces the consent of any person whose consent is required for the adoption shall on conviction be liable to the punishment laid down in article 248D.
248DB. Child Labour
Whosoever shall practice or engage in child labour for any of the purposes mentioned in article 248A shall, on conviction, be liable to the punishment established under article 248D.
For the purposes of this article child labour shall include the coercion of a person under age into forced or compulsory labour for any purpose whatsoever including the forced or compulsory recruitment of minors to take part in armed conflict.
248E. General provisions applicable to this sub-title
(1) In this sub-title, the phrase “trafficks a person” or “trafficks a minor” means the recruitment, transportation, sale or transfer of a person, or of a minor, as the case may be, including harbouring and subsequent reception and exchange of control over that person, or minor, and includes any behaviour which facilitates the entry into, transit through, residence in or exit from the territory of any country for any of the purposes mentioned in the preceding articles of this sub-title, as the case may be.
(2) Where any of the offences in articles 248A to 248D, both inclusive ­
(a) is accompanied by violence; or
(b) generates proceeds exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87); or
(c) is committed with the involvement of a criminal organisation within the meaning of article 83A(1); or
(d) is committed by a public officer or servant in the course of the exercise of his duties; or
(e) is committed against a vulnerable person within the meaning of article 204D(2); or
(f) when the offender willfully or recklessly endangered the life of the person trafficked,
the punishment otherwise due shall be increased by one degree.
337A. Traffic in persons to enter or leave Malta illegally
(1) Any person who with the intent to make any gain whatsoever aids, assists, counsels or procures any other person to enter or to attempt to enter or to leave or attempt to leave or to transit across or to attempt to transit across, Malta in contravention of the laws thereof or who, in Malta or outside Malta, conspires to that effect with any other person shall, without prejudice to any other punishment under this Code or under any other law, be liable to the punishment of imprisonment from six months to five years or to a fine (multa) of twenty-three thousand and two hundred and ninetythree euro and seventy-three cents (23,293.73) or to both such fine and imprisonment and the provisions of articles 21 and 28A and those of the Probation Act shall not apply:
Provided that where the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid number more than three the punishment shall be increased by one to three degrees:
Provided also that where the offence is committed ­
(a) as an activity of a criminal organization; or
(b) while endangering the lives of the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid,
the punishment shall always be increased by two degrees even
when the first proviso does not apply.
(2) Without prejudice to the provisions of article 5, the courts in Malta shall also have jurisdiction over the offence in this article where ­
(a) the offence is committed even if only in part in the territory of Malta or on the sea in any place within the territorial jurisdiction of Malta;
(b) the offender is a Maltese national or permanent resident in Malta;
(c) the offence is committed for the benefit of a legal person established in Malta.

MALTA CRIMINAL CODE (PDF)Malta Criminal Code

WHITE SLAVE TRAFFIC (SUPPRESSION) ORDINANCE, CHAPTER 63 OF THE LAWS OF MALTA 1930

2. Inducing a person who has attained the age of twenty-one years to leave Malta or to come to Malta from elsewhere for purposes of prostitution.
(1) Whoever, in order to gratify the lust of any other person, compels by means of violence or threats, or induces by deceit, a person who has attained the age of twenty-one years to leave Malta for purposes of prostitution elsewhere or to come to Malta from elsewhere for the purposes of prostitution in these islands, shall be liable, on conviction, to imprisonment for a term not exceeding two years, with or without solitary confinement:
Provided that the punishment shall be imprisonment for a term from two to ten years, with or without solitary confinement, if the offence is committed –
(a) by an ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or the wife, or by a brother or sister; or
(b) by means of abuse of authority, of trust or of domestic relations; or
(c) habitually or for gain.
(2) A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the person to whose prejudice the offence shall have been committed.
3. Inducing a person under the age of twenty-one years to leave Malta for purposes of prostitution.
(1)Whoever, in order to gratify the lust of any other person, induces a person under the age of twenty-one years to leave Malta or to come to Malta for purposes of prostitution elsewhere, or encourages or facilitates his departure from Malta or arrival in Malta for the same purpose, shall be liable, on conviction, to imprisonment for a term from two to five years, with or without solitary confinement:
Provided that the punishment shall be imprisonment for a term from three to ten years, with or without solitary confinement, if the offence is committed –
(a) to the prejudice of a person who has not completed the age of twelve years; or
(b) by means of violence or threats, or by deceit; or
(c) by an ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or wife or tutor, or by any other person charged, even though temporarily, with the care, education, instruction, control or custody of the person under the age of twenty-one years; or
(d) habitually or for gain.
(2)A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the person to whose prejudice the offence shall have been committed, and, in the case of the tutor, his removal from the tutorship and his perpetual disability from holding the office of tutor.
5. Detention, etc., of a person against his will in a brothel, etc
(1)Whoever detains, or is wilfully a party to the detention of a person, against his will, in any brothel, or in or upon any premises used for purposes of habitual prostitution, even if such person may have resorted to such place of his own free will, and may have remained there to practice prostitution, and notwithstanding any obligation or debt which such person may have contracted with any person whomsoever, shall be liable, on conviction, to imprisonment for a term not exceeding two years, unless a higher punishment is applicable under any other provision of the Criminal Code or of any other law.
(2) A person shall be deemed to detain another person, for the purposes of this article, if, with intent to compel such other person to remain in a brothel or in or upon any premises used for purposes of habitual prostitution, he withholds from such other person any wearing apparel or other property belonging to the latter, or, where wearing apparel has been lent or otherwise supplied to such other person, he threatens such other person with legal proceedings if the latter takes away with him the wearing apparel so lent or supplied.
(3) No legal proceedings, whether civil or criminal, shall be taken against such other person for taking away or being found in possession of any such wearing apparel as was necessary to enable such other person to leave such premises or brothel.
7. Punishment for living on the earnings of prostitution, etc
(1) Any person who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person, shall be liable, on conviction, to imprisonment for a term not exceeding two years: Provided that where that other person has not attained the age of eighteen years, the offence shall be punishable with imprisonment for a term from eighteen months to four years.
(2) Any person who in any street or other public place or in anyplace exposed to the public loiters or solicits for the purpose of prostitution or for other immoral purposes, shall be liable, on conviction, to imprisonment for a term of not more than six months.
(3) A person shall be deemed, until the contrary is proved, to be knowingly living, wholly or in part, on the earnings of prostitution, if it is shown that he lives with, or is habitually in the company of, a person practising prostitution or that he has exercised control, direction or influence over the movements of that person in a manner as to show that he is aiding, abetting or compelling the prostitution of that person with any other person or generally.
8. Punishment for keeping, etc., brothels.
(1) Whoever shall keep or manage or share with others in the management of a brothel or of any house, shop or other premises or any part thereof which is or are, or is or are reputed to be resorted to for the purpose of prostitution or other immoral purposes shall be liable, on conviction, to imprisonment for a term not exceeding two years and to a fine (multa) not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87).
(2) Whoever knowingly lets for hire or permits the use or shares in the profits of any vehicle used for the purpose of prostitution or other immoral purposes shall be liable, on conviction, to imprisonment for a term not exceeding six months and to a fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (116.47).
(3) A person shall be deemed to share in the management of a brothel or of any house, shop or other premises or any part thereof for the purpose of prostitution or other immoral purposes, if he partakes directly or indirectly of any of the profits of such management, or takes an active part in the management of such brothel, house, shop, premises or part thereof.
9. Punishment for use of shop, etc., for the purpose of prostitution.
Whoever keeps any shop, lodging-house or hotel or any private apartment and suffers or permits such shop, lodging-house, hotel or apartment or any part thereof to be used as a place of assignation for the purpose of prostitution or any other immoral purpose shall be liable, on conviction, to imprisonment for a term from one to six months.
10. Punishment for letting house, etc., for the purpose of prostitution
Whoever owns or has under his administration any house or other premises and knowingly lets or permits the use of the same for the purpose of prostitution or other immoral purposes, shall be liable, on conviction, to imprisonment for a term from one to six months.
11. Increase of punishment in case of second or subsequent conviction
On a second conviction for any of the crimes specified in the preceding articles the punishment may be increased by two degrees, and on a third or subsequent conviction, by three degrees.
12. Punishment in case of failure to take steps to eject person from premises used for immoral purposes.
(1) Whoever, after due notice in writing has been given to him by the Commissioner of Police that a house or other premises owned or administered by him, is or are used for the purpose of prostitution or other immoral purposes, fails, within six working days, to take the necessary steps before the competent court for the ejection therefrom of the person or persons occupying the same and to prosecute the proceedings with due diligence shall be liable to a fine (multa) in terms of the Criminal Code.

 

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT 2002

11. Protection of wages
(1) Except where otherwise expressly permitted by the provisions of this Act, the entire amount of the wages earned by, or payable to, any employee shall be paid to him in money being legal tender in Malta, and every payment of, or on account of, any such wages made in any other form and any covenant in any contract providing for other form of payment shall be null and void: Provided that payment of wages by cheque on a bank in Malta or payable to the Bank account of an employee shall be deemed to be payment in legal tender in cases in which payment in this manner is customary or necessary or is consented to by the employee concerned.
(2) Wages shall be paid directly to the employees to whom they are due except as may otherwise be provided by any law or in virtue of an order made by a competent court or where the employee or employees concerned agree to the contrary.

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT 2002 (PDF)

CRIMINAL CODE AS AMENDED IN 2019

(1) Any ascendant by consanguinity or affinity who, by the use of violence or by threats, compels, or, by deceit, induces any descendant under age to prostitution, shall, on conviction, be liable to imprisonment for a term from six to twelve years.

(2) The same punishment shall be applied to anyone of the spouses or tutor who, by the use of violence or by threats, compels, or, by deceit, induces to prostitution his or her spouse under age or the minor under his or her tutorship.

(3) If the ascendant or any one of the spouses, by the use of violence or by threats, compels, or, by deceit, induces the descendant or his or her spouse, of age, to prostitution, he or she shall, on conviction, be liable to imprisonment of a term from three to six years.

(4) The punishment prescribed for the crimes referred to in the preceding sub-articles shall be increased by one to two degrees in the cases referred to in article 202, as applicable.

(5) A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the spouse or of the descendant to whose prejudice the offence shall have been committed, and, in the case of the tutor, his removal from the tutorship and his perpetual disability from holding the office of tutor:

Provided that where the rights of the offender over the person to whose prejudice the offence has been committed consists of rights of parental authority the forfeiture provided for in this sub-article shall not apply automatically but may be imposed by the court after it has considered all the circumstances of the case and in imposing such forfeiture the court may also impose conditions:

Provided further that in the cases referred to in the above proviso the court may, upon the application of the offender, and only after appointing any expert that it may deem fit to appoint, remove or vary the conditions of the forfeiture, after being satisfied that a material change in circumstances justifies such revocation or variation of conditions.

The punishment prescribed for any of the crimes referred to in the preceding articles of this sub-title [sexual offences], shall be increased by one to two degrees in each of the following cases:

(a) when the offender has availed himself of his capacity of public officer, or when the offender is a servant of the injured party, with salary or other remuneration, or any person otherwise having abused of his authority over the injured party;

(b) when the crime is committed by any ascendant, tutor, or institutor;

(c) when the crime is committed on any prisoner by the person charged with the custody or conveyance of such prisoner;

(d) when the offender has, in the commission of the crime, been aided by one or more persons;

(e) when the offender has, in the commission of the crime, made use of any arms proper or improper;

(f) when the person on whom the crime is committed, or any other person who has come to the assistance of that person, has sustained any bodily harm;

(g) when the person violated is a minor;

(h) when the crime is committed on the person of:

(i) the current or former spouse, civil union partner or cohabitant; or

(ii) the brother or sister; or

(iii) an ascendant or descendant; or

(iv) another person having or having had a child in

common with the offender; or

(v) another person living in the same household as the offender or who had lived with the offender within a period of three year preceding the offence; or

(vi) another person who is or had been formally or informally engaged with a view to get married;

or

(vii) other persons who are related to each other by consanguinity or affinity up to the third degree inclusively:

Provided that in this paragraph “spouse” includes the person whose marriage with the offender has been dissolved or declared null;

(i) when the crime is committed in the presence of, or within hearing distance of a minor;

(j) the offence, or related offences, were committed repeatedly;

(k) the offence was committed against a vulnerable person within the meaning of article 208AC(2);

(l) the offence was committed with the threat of a weapon;

(m) the offence resulted in severe physical or psychological harm for the victim;

(n) the offender has been previously convicted of offences of a similar nature:

Provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is already provided for under this Code or any other law, the higher punishment may be applied.

(1) Whosoever in order to gratify the lust of any other person induces a person under age to practise prostitution, or instigates the defilement of such person, or encourages or facilitates the prostitution or defilement of such person, shall, on conviction, be liable to imprisonment for a term from three to six years:

Provided that the offence shall be punishable with imprisonment for a term from six to nine years, in each of the following cases:

(a) if the offence is committed to the prejudice of a person who has not completed the age of twelve years;

(b) if the offence is committed by deceit;

(c) if the offence is committed by any ascendant by consanguinity or affinity, by any one of the adoptive parents, by the spouse or tutor of the minor, or by any other person charged, even though temporarily, with the care, eduction, instruction, control or custody of the minor;

(d) if the offence is committed habitually or for gain.

(2) The provisions of article 197(4) shall also apply in the case of any offence under this article, when the offence is committed by the spouse, by an ascendant or by the tutor.

222.

(1) The punishments established in articles 216, 217, 218 and 220 [grievious bodily harm], and in sub-articles (1) and (2) of the last preceding article [slight bodily harm] shall be increased by one degree when the harm is committed –

(a) on the person of any one of the parents or any other legitimate and natural ascendant, or on the person of a legitimate and natural brother or sister, or on the person of any one of the spouses, or on the person of any one of the natural parents, or on any person mentioned in article 202(h);

(b) on the person of any witness or referee who shall have given evidence or an opinion in any suit, and on account of such evidence or opinion, or on the person of a child under nine years of age;

(c) on the person of whosoever was a public officer or was lawfully charged with a public duty or is or was an officer or employee of a body corporate established by law and the offence was committed because of that person having exercised his functions;

(d) on the person of whosoever was exercising his lawful duties as a private guard, a specialised private guard or community officer in accordance with the provisions of the Private Guards and Community Officers Act.

(2) Nevertheless, no increase of punishment shall take place where the offender, without intent to cause harm to any particular person, or with intent to cause harm to some other person, shall, by mistake or accident, cause harm to any of the persons referred to in sub-article (1)(a) and (b).

248A. Traffic of a person of age for the purpose of exploitation in the production of goods or provision of services

(1) Whosoever, by any means mentioned in sub-article (2), traffics a person of age for the purpose of exploiting that person in:

(a) the production of goods or provision of services; or

(b) slavery or practices similar to slavery; or

(c) servitude or forced labour; or

(d) activities associated with begging; or

(e) any other unlawful activities not specifically provided for elsewhere under this sub-title, shall, on conviction, be liable to the punishment of imprisonment from six to twelve years. For the purposes of this sub-article exploitation includes requiring a person to produce goods and provide services under conditions and in circumstances which infringe labour standards governing working conditions, salaries and health and safety. (2) The means referred to in sub-article (1) are the following:

(a) violence or threats, including abduction;

(b) deceit or fraud;

(c) misuse of authority, influence or pressure;

(d) the giving or receiving of payments or benefits to achieve the consent of the person having control over another person;

(e) abuse of power or of a position of vulnerability:

Provided that in this paragraph “position of vulnerability” means a situation in which the person concerned has no real or acceptable alternative but to submit to the abuse involved.

(3) The consent of a victim of trafficking to the exploitation, whether intended or actual, shall be irrelevant where any of the means set forth in sub-article (2) has been used.

 

247A.

(1) Whosoever, having the responsibility of any child under twelve years of age, by means of persistent acts of commission or omission ill-treats the child or causes or allows the ill-treatment by similar means of the child shall, unless the fact constitutes a more serious offence under any other provision of this Code, be liable on conviction to imprisonment for a term not exceeding two years.

(2) For the purposes of sub-article (1), ill-treatment includes neglecting the child’s need for adequate nutrition, clothing, shelter, and protection from harm, persistently offending the child’s dignity and self-esteem in a serious manner and persistently imposing upon the child age-inappropriate tasks or hard physical labour.

(3) The provisions of article 197(4) shall also apply in the case of an offence under this article, when the offence is committed by any ascendant or tutor.

 

248F

(1). Whosoever aids, abets or instigates any offence under this sub-title shall be guilty of an offence and shall be liable on conviction to the punishment laid down for the offence aided, abetted or instigated.

(2) Any person who engages in or makes use of the services or labour as referred to in articles 248A to 248D, both inclusive, in the knowledge that the person providing the service has been trafficked within the meaning of article 248E(1), shall be guilty of an offence and liable, on conviction, to imprisonment for a term of eighteen months to five years.

 

Forced Marriage 251G.

Any person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct or by threats of such conduct, forces anyone to enter into a marriage shall be guilty of causing a forced marriage and shall, unless the fact constitutes a more serious offence under any other provision of this Code, be liable on conviction to imprisonment for a term from three to five years: Provided that any act so made in contravention of this provision shall be null and without effect at law.

251G.

Any person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct or by threats of such conduct, forces anyone to enter into a marriage shall be guilty of causing a forced marriage and shall, unless the fact constitutes a more serious offence under any other provision of this Code, be liable on conviction to imprisonment for a term from three to five years:

Provided that any act so made in contravention of this provision shall be null and without effect at law.

251GA.

Any person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct or by threats of such conduct, lures another person to the territory of another State other than the one he or she resides in with the purpose of forcing such person to enter into a marriage shall, unless the fact constitutes a more serious offence under any other provision of this Code, be liable upon conviction to imprisonment for a term from four to six years

MALTA CRIMINAL CODE

204. Inducing, etc, persons under age into prostitution 

 (1) Whosoever in order to gratify the lust of any other person induces a person under age to practise prostitution, or instigates the defilement of such person, or encourages or facilitates the prostitution or defilement of such person, shall, on conviction, be liable to imprisonment for a term from eighteen months to four years, with or without solitary confinement: 

Provided that the offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement, in each of the following cases: 

(a) if the offence is committed to the prejudice of a person who has not completed the age of twelve years; 

(b) if the offence is committed by deceit; 

(c) if the offence is committed by any ascendant by consanguinity or affinity, by the adoptive father or mother, by the husband or wife or tutor of the minor, or by any other person charged, even though 

temporarily, with the care, eduction, instruction, control or custody of the minor; 

(d) if the offence is committed habitually or for gain. 

(2) The provisions of article 197(4) shall also apply in the case of any offence under this article, when the offence is committed by the husband or the wife, by an ascendant or by the tutor. 

Malta Criminal Code-English-PDF.

CRIMINAL CODE as amended in 2019

197.  

(1) Any ascendant by consanguinity or affinity who, by the use of violence or by threats, compels, or, by deceit, induces any descendant under age to prostitution, shall, on conviction, be liable to imprisonment for a term from six to twelve years. 

(2) The same punishment shall be applied to anyone of the spouses or tutor who, by the use of violence or by threats, compels, or, by deceit, induces to prostitution his or her spouse under age or the minor under his or her tutorship. 

(3) If the ascendant or any one of the spouses, by the use of violence or by threats, compels, or, by deceit, induces the descendant or his or her spouse, of age, to prostitution, he or she shall, on conviction, be liable to imprisonment of a term from three to six years. 

(4) The punishment prescribed for the crimes referred to in the preceding sub-articles shall be increased by one to two degrees in the cases referred to in article 202, as applicable.  

(5) A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the spouse or of the descendant to whose prejudice the offence shall have been committed, and, in the case of the tutor, his removal from the tutorship and his perpetual disability from holding the office of tutor: 

Provided that where the rights of the offender over the person to whose prejudice the offence has been committed consists of rights of parental authority the forfeiture provided for in this sub-article shall not apply automatically but may be imposed by the court after it has considered all the circumstances of the case and in imposing such forfeiture the court may also impose conditions: 

Provided further that in the cases referred to in the above proviso the court may, upon the application of the offender, and only after appointing any expert that it may deem fit to appoint, remove or vary the conditions of the forfeiture, after being satisfied that a material change in circumstances justifies such revocation or variation of conditions. 

202.  

The punishment prescribed for any of the crimes referred to in the preceding articles of this sub-title [sexual offences], shall be increased by one to two degrees in each of the following cases: 

(a) when the offender has availed himself of his capacity of public officer, or when the offender is a servant of the injured party, with salary or other remuneration, or any person otherwise having abused of his authority over the injured party; 

(b) when the crime is committed by any ascendant, tutor, or institutor; 

(c) when the crime is committed on any prisoner by the person charged with the custody or conveyance of such prisoner; 

(d) when the offender has, in the commission of the crime, been aided by one or more persons; 

(e) when the offender has, in the commission of the crime, made use of any arms proper or improper; 

(f) when the person on whom the crime is committed, or any other person who has come to the assistance of that person, has sustained any bodily harm; 

(g) when the person violated is a minor; 

(h) when the crime is committed on the person of: 

(i) the current or former spouse, civil union partner or cohabitant; or 

(ii) the brother or sister; or 

(iii) an ascendant or descendant; or 

(iv) another person having or having had a child in 

common with the offender; or 

(v) another person living in the same household as the offender or who had lived with the offender within a period of three year preceding the offence; or 

(vi) another person who is or had been formally or informally engaged with a view to get married; 

or 

(vii) other persons who are related to each other by consanguinity or affinity up to the third degree inclusively: 

Provided that in this paragraph “spouse” includes the person whose marriage with the offender has been dissolved or declared null; 

(i) when the crime is committed in the presence of, or within hearing distance of a minor; 

(j) the offence, or related offences, were committed repeatedly; 

(k) the offence was committed against a vulnerable person within the meaning of article 208AC(2); 

(l) the offence was committed with the threat of a weapon; 

(m) the offence resulted in severe physical or psychological harm for the victim; 

(n) the offender has been previously convicted of offences of a similar nature: 

Provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is already provided for under this Code or any other law, the higher punishment may be applied. 

204.  

(1) Whosoever in order to gratify the lust of any other person induces a person under age to practise prostitution, or instigates the defilement of such person, or encourages or facilitates the prostitution or defilement of such person, shall, on conviction, be liable to imprisonment for a term from three to six years: 

Provided that the offence shall be punishable with imprisonment for a term from six to nine years, in each of the following cases: 

(a) if the offence is committed to the prejudice of a person who has not completed the age of twelve years; 

(b) if the offence is committed by deceit; 

(c) if the offence is committed by any ascendant by consanguinity or affinity, by any one of the adoptive parents, by the spouse or tutor of the minor, or by any other person charged, even though temporarily, with the care, eduction, instruction, control or custody of the minor; 

(d) if the offence is committed habitually or for gain. 

(2) The provisions of article 197(4) shall also apply in the case of any offence under this article, when the offence is committed by the spouse, by an ascendant or by the tutor. 

222. 

(1) The punishments established in articles 216, 217, 218 and 220 [grievious bodily harm], and in sub-articles (1) and (2) of the last preceding article [slight bodily harm] shall be increased by one degree when the harm is committed – 

(a) on the person of any one of the parents or any other legitimate and natural ascendant, or on the person of a legitimate and natural brother or sister, or on the person of any one of the spouses, or on the person of any one of the natural parents, or on any person mentioned in article 202(h); 

(b) on the person of any witness or referee who shall have given evidence or an opinion in any suit, and on account of such evidence or opinion, or on the person of a child under nine years of age; 

(c) on the person of whosoever was a public officer or was lawfully charged with a public duty or is or was an officer or employee of a body corporate established by law and the offence was committed because of that person having exercised his functions; 

(d) on the person of whosoever was exercising his lawful duties as a private guard, a specialised private guard or community officer in accordance with the provisions of the Private Guards and Community Officers Act. 

(2) Nevertheless, no increase of punishment shall take place where the offender, without intent to cause harm to any particular person, or with intent to cause harm to some other person, shall, by mistake or accident, cause harm to any of the persons referred to in sub-article (1)(a) and (b). 

251G.  

Any person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct or by threats of such conduct, forces anyone to enter into a marriage shall be guilty of causing a forced marriage and shall, unless the fact constitutes a more serious offence under any other provision of this Code, be liable on conviction to imprisonment for a term from three to five years: 

Provided that any act so made in contravention of this provision shall be null and without effect at law. 

251GA.  

Any person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful conduct or by threats of such conduct, lures another person to the territory of another State other than the one he or she resides in with the purpose of forcing such person to enter into a marriage shall, unless the fact constitutes a more serious offence under any other provision of this Code, be liable upon conviction to imprisonment for a term from four to six years 

251H.  

The punishment for the offences referred to in articles 251 to 251G, both inclusive, shall be increased by one to two degrees in each of the following cases: 

(a) the offence was committed against a former or current spouse or partner, by a member of the family, a person cohabiting with the victim or a person having abused her or his authority: 

Provided that, in this paragraph spouse includes a person whose marriage with the accused has been dissolved or declared null. 

(b) the offence, or related offences, were committed repeatedly; 

(c) the offence was committed against a vulnerable person within the meaning of article 208AC(2); 

(d) the offence was committed against or in the presence of a minor; 

(e) the offence was committed by two or more people acting together; 

(f) the offence was preceded or accompanied by violence; 

(g) the offence was committed with the use or threat of a weapon; 

(h) the offence resulted in severe physical or psychological harm for the victim; 

(i) the offender has been previously convicted of offences of a similar nature. 

251I.  

(1) The following provisions shall apply to the offences under articles 198, and 251 to 251G, both inclusive. 

(2) Without prejudice to the provisions of article 5, the Maltese courts shall also have jurisdiction over the said offences where: 

(a) only part of the action giving execution to the offence took place in Malta; or 

(b) the offender is a Maltese national or permanent or habitual resident in Malta; or 

(c) the offence was committed against a Maltese national or permanent or habitual resident in Malta. 

(3) Notwithstanding any other provision of this Code or of any other law, where the person against whom the offence is committed is a minor, the period of prescription shall run from the day on which the victim attains the age of majority. 

(4) For the purposes of this article the phrase “permanent resident” shall have the same meaning assigned to it by article 5(1)(d). 

331.  

Except in the cases referred to in articles 316, 317 and 318 [arson], no criminal proceedings may be instituted except on the complaint of the injured party for offences committed against the property of any descendant or relative by affinity in the descending line, or of any one of the spouses, unless such offences be accompanied with homicide, bodily harm or confinement of the person or with a threat to kill or to inflict bodily harm. 

338.  

Every person is guilty of a contravention against public 

order, who – 

(y) being a parent or a spouse, leaves his children or spouse in want, whether in consequence of his or her disorderly living or indolence; 

Criminal Code 2019-English-PDF.

CIVIL CODE

2.  

(1) The Law promotes the unity and stability of the family. 

(2) The spouses shall have equal rights and shall assume equal responsibilities during marriage. They owe each other fidelity and moral and material support. 

3.  

Both spouses are bound, each in proportion to his or her means and of his or her ability to work whether in the home or outside the home as the interest of the family requires, to maintain each other and to contribute towards the needs of the family. 

3A.  

(1) The matrimonial home shall be established where the spouses may by their common accord determine in accordance with the need of both spouses and the overriding interest of the family itself. 

(2) Where the matrimonial home is wholly or in part owned or otherwise held under any title by one of the spouses, such spouse matrimonial home: 

(a) with the consent of the other spouse; or 

(b) where such consent is unreasonably withheld, with the authority of the competent court; or 

(c) in a judicial sale by auction at the instance of any creditor of such spouse. 

(3) The party who has not given his or her consent to a transfer, may bring an action for the annulment of a transfer which has not been effected in accordance with sub-article (2) of this article, within one year from the registration of the transfer. 

3B.  

(1) Marriage imposes on both spouses the obligation to look after, maintain, instruct and educate the children of the marriage taking into account the abilities, natural inclinations and aspirations of the children. 

(2) The obligation of the parents to provide maintenance according to sub-article (1) also includes the obligation to continue to provide adequate maintenance to children, according to their means, and where it is not reasonably possible for the children, or any of them, to maintain themselves adequately, who: 

(a) are students who are participating in full-time education, training or learning and are under the age of twenty-three; or 

(b) have a disability, as defined in the Equal Opportunities (Persons with Disability) Act, whether such disability is physical or mental. 

(3) The obligations provided in sub-article (1) also bind a person acting in loco parentis with regard to another person’s child, by reason of the marriage of such person to a parent of that child, where the other parent of that child, shall have, at any time before or during the marriage, died or was declared as an absentee according to Title VII of Book First of this Code, or is unknown: 

Provided that the provisions of this sub-article shall be without prejudice to the obligations of the natural parents of the child and shall in any case be without prejudice to the provisions of article 149. 

5.  

(1) In regard to maintenance, the spouse shall have a prior right over the parents or other ascendants. 

(2) Where both children and spouse claim maintenance, they shall be in a position of equality. 

(3) It shall not be lawful for either of the spouses to claim maintenance from the children or other descendants or from the ascendants if such maintenance can be obtained from the other spouse. 

6.  

The duty of one spouse to maintain the other shall cease if the latter, having left the matrimonial home, without reasonable cause refuses to return thereto. 

6A.  

(1) In case of any disagreement either spouse may apply to the competent court for its assistance and the presiding judge, after hearing the spouses and if deemed opportune any of the children above the age of fourteen years residing with the spouses, shall seek to bring about an amicable settlement of such disagreement. 

(2) Where such amicable settlement is not attained and the disagreement relates to the establishment or change of the matrimonial home or to other matters of fundamental importance, the presiding judge, if so requested expressly by the spouses jointly, shall determine the matter himself by providing the solution which he deems most suitable in the interest of the family and family life. 

(3) No appeal shall in this case lie from the pronouncement of the presiding judge. 

7.  

(1) Parents are bound to look after, maintain, instruct and educate their children in the manner laid down in article 3B of this Code. 

(2) In default of the parents, or where the parents do not possess sufficient means, the liability for the maintenance and education of the children devolves on the other ascendants. 

9.  

A spouse shall not withhold his or her moral support to the other in any obligation such other spouse may have towards his or her descendants or ascendants. 

28.  

For the purposes of the last preceding article [When obligations to supply maintenance ceases], the want of the necessary means of subsistence, having regard to the position of the party to whom the opposition refers, or the bad character of the other party, shall be deemed to be a good ground of opposition to the proposed marriage. 

29.  

Where the marriage has been celebrated with a total or partial dispensation from the previous publication of banns, and it is not shown that the person subject to the obligation mentioned in article 27, was aware of the proposed marriage at least fifteen days prior to its celebration, it shall be lawful for such person, even in default of the opposition referred to in that article, to demand, within the time of six months following the marriage, his release from the said obligation on any of the grounds on which such opposition would have been effectual. 

35.  

(1) By personal separation pronounced by a judgment, or authorised by a decree, of the competent civil court, the obligation of cohabitation of the spouses shall cease for all civil effects. 

(2) Separation pronounced by any other court shall not produce any civil effects. 

36.  

Personal separation may not take place except on the demand of one spouse against the other and on any of the grounds stated in the following articles, or by mutual consent of the spouses, as provided in article 59. 

38.  

Either of the spouses may demand separation on the ground of adultery on the part of the other spouse. 

39.  

Where a law suit for personal separation has been filed by either spouse and evidence of acts of domestic violence has been produced, the court may, either on an application of one of the parties or on its own motion in order to protect the safety of the parties involved or in the best interests of the child or children or of any other minor dependants of any of the spouses, issue a protection order under article 412C of the Criminal Code and, or a treatment order under article 412D of the same Code and the provisions of those articles shall mutatis mutandis apply to an order issued under this article as if it were an order issued under the corresponding article of the said Code. 

40.  

Either of the spouses may demand separation on the grounds of excesses, cruelty, threats or grievous injury on the part of the other against the plaintiff, or against any of his or her children, or on the ground that the spouses cannot reasonably be expected to live together as the marriage has irretrievably broken down: 

Provided that separation on the ground that the marriage has irretrievably broken down may not be demanded before the expiration of the period of four years from the date of the marriage, and provided further, that the court may pronounce separation on such ground notwithstanding that, whether previously to or after the coming into force of this article*, none of the spouses had made a demand on such ground. 

41.  

Either of the spouses may also demand separation if, for two years or more, he or she shall have been deserted by the other, without good grounds. 

46.  

During the pendency of the action for separation, either spouse, whether plaintiff or defendant, may leave the matrimonial home and may, whether or not he or she has left the matrimonial home demand that the court shall determine who of the spouses if any shall reside in the matrimonial home during the pendency of such action. 

46A.  

During the pendency of the action for separation, either spouse, whether plaintiff or defendant, may demand from the other spouse a maintenance allowance in proportion to his or her needs and the means of the other spouse, and taking into account also all other circumstances of the spouses. 

47.  

During the pendency of the action the court shall give such directions concerning the custody of the children as it may deem appropriate, and in so doing the paramount consideration shall be the welfare of the children. 

53.  

The spouse who has obtained separation shall retain every right or benefit which he or she may have acquired from the other spouse, even though such right or benefit may have been granted to him or her on condition of reciprocity, and such reciprocity does not take place. 

66A.  

(1) Each of the spouses shall have the right to demand divorce or dissolution of the marriage as provided in this Sub-Title. It shall not be required that, prior to the demand of divorce, the spouses shall be separated from each other by means of a contract or of a judgement. 

(2) The divorce or dissolution of the marriage shall be granted by virtue of a judgement of the competent civil court, upon the demand of one or the other of the spouses, or by a decree of the same court where the spouses shall have agreed that their marriage should be dissolved. 

(3) All demands for divorce shall be brought before the appropriate section of the civil court as established by regulations made by the Minister responsible for justice, and the provisions of article 37 shall apply mutatis mutandis. The decrees and judgements of divorce shall be pronounced in open court. 

(4) The court shall, in the decree or judgement of divorce, order the Registrar of Courts to notify the divorce of the parties to the Director of Public Registry within the period allowed for this purpose by the same court, so that the same shall be registered in the Public Registry. 

66B. 

Without prejudice to the following provisions of this article, divorce shall not be granted except upon a demand made jointly by the two spouses or by one of them against the other spouse, and unless the Court is satisfied that: 

(a) on the date of commencement of the divorce proceedings, the spouses shall have lived apart for a period of, or periods that amount to, at least four years out of the immediately preceding five years, or at least four years have lapsed from the date of legal separation; and 

(b) there is no reasonable prospect of reconciliation between the spouses; and 

(c) the spouses and all of their children are receiving adequate maintenance, where this is due, according to their particular circumstances, as provided in article 57: 

Provided that the spouses may, at any time, renounce their right to maintenance: 

Provided further that for purposes of this paragraph, maintenance ordered by the court by a judgement of separation or agreed to between the spouses in a contract of separation, shall be deemed to be adequate maintenance: 

Provided further that a divorce pronounced between spouses who were separated by a contract or by a judgement shall not bring about any change in what was ordered or agreed to between them, except for the effects of divorce resulting from the law. 

66I.  

(1) Where a demand for divorce is made to the competent civil court by either of the spouses, or by both spouses after having agreed that their marriage is to be dissolved, and where the spouses are not separated by means of a contract or a court judgement, before granting leave to the spouses to proceed for divorce, the court shall summon the parties to appear before a mediator, either appointed by it or with the mutual consent of the parties, and this for the purpose of attempting reconciliation between the spouses, and where that reconciliation is not achieved, and where the spouses have not already agreed on the terms of the divorce, for the purpose of enabling the parties to conclude the divorce on the basis of an agreement. The said agreement shall be made on some or all or of the following terms: 

(a) the care and the custody of the children; 

(b) the access of the two parties to the children; 

(c) the maintenance of the spouses or of one of them and of each child; 

(d) residence in the matrimonial home; 

(e) the division of the community of acquests or the community of residue under separate administration. 

(2) Where a demand for divorce is made to the competent civil court by either of the spouses, or by both spouses after having agreed that their marriage is to be dissolved, also where the spouses are separated by means of a contract or a court judgement, the court may, where it considers it necessary to do so, either on its own initiative or upon the request of the mediator or of one of the spouses: 

(a) appoint a children’s advocate to represent the interests of the minor children of the parties, or of any of them; 

and 

(b) hear the minor children of the parties, or any of them, where it considers it to be in their best interest to do so: 

Provided that in any divorce proceedings before the competent civil court as referred to in this article, the court may order the parties to present information about the payment of children’s maintenance. 

(3) The court may, in the judgement accepting the demand for divorce, and upon a demand of that party to whom, during the hearing of the cause, maintenance was due for the party or for the children, from the other party, order that the payment of maintenance from the other party be safeguarded by means of an appropriate and reasonable guarantee, in accordance with the circumstances of the parties. That guarantee shall not be of an amount exceeding the amount of maintenance for five years. The court shall grant the said order only where, from the evidence in the cause, it results that during the hearing or prior to the commencement of the cause, the party from whom the guarantee is demanded was in default in its obligation to pay maintenance, or where there are serious objective circumstances which demonstrate the necessity of the said guarantee. A demand as provided for in this sub-article may also be made at any time after the said judgement, when maintenance is due. 

131.  

(1) A child shall be subject to the authority of his parents for all effects as by law established. 

(2) Saving those cases established by law, this authority is exercised by the common accord of both parents. After the death of one parent, it is exercised by the surviving parent. 

(3) In case of disagreement between the parents on matters of particular importance, either parent may apply to such court as may be prescribed by or under any law in force from time to time indicating those directions which he or she considers appropriate in the circumstances. 

(4) The court, after hearing the parents and the child if the latter has reached the age of fourteen years, shall make those suggestions which it deems best in the interest of the child and the unity of the family. If the disagreement between the parents persists, the court shall authorise the parent whom it considers more suitable to protect the interest of the child in the particular case, to decide upon the issue, saving the provisions of article 149. 

(5) In the case of an imminent danger of serious prejudice to the child either parent may take such measures which are urgent and cannot be postponed. 

(6) With regard to third parties in good faith, each of the spouses shall be deemed to act with the consent of the other where he or she performs an act relative to parental authority relative to the person of the child. 

150.  

Parental authority ceases ipso jure in each of the cases following: 

(a) on the death of both parents or of the child; 

(b) when the child attains the age of eighteen years; 

(c) on the marriage of the child; 

(d) if the child, with the consent of the parents, has left the parental home and set up a separate domestic establishment; 

(e) if the parents fail to make, in favour of the child, the registrations referred to in articles 2038 and 2039; sohowever that where only one parent has failed to make such registration, parental authority shall not cease in relation to the parent who has not so failed; 

(f) if the surviving parent remarries or, in the case of an adoptive parent, if after the adoption he marries or remarries, without having first made an inventory of the property of the child and obtained from the court the requisite leave to continue in the exercise of the rights of parental authority. 

157.  

A minor is a person of either sex who has not yet attained the age of eighteen years. 

158.  

Any minor, whose parents have died or have forfeited parental authority and who has not married, is subject to be placed under tutorship until he becomes of age or until he marries. 

631.  

Where a deceased spouse is survived by children or other descendants, the surviving spouse shall be entitled to one-fourth of the value of the estate in full ownership. 

632.  

If there are no children or descendants as stated in article 631, the surviving spouse shall be entitled to one-third of the value of the estate in full ownership. 

633.  

(1) The surviving spouse shall be entitled to the right of habitation over the tenement occupied as the principal residence by the said surviving spouse at the time of the decease of the predeceased spouse, where the same tenement is held in full ownership or emphyteusis by the deceased spouse either alone or jointly with the surviving spouse. 

(2) The extent of the tenement subject to the right of habitation shall not be limited on the grounds that, after the death of the predeceased spouse the surviving spouse requires a lesser part of the tenement. 

(3) For the purposes of articles 631 and 632, the tenement subject to the right of habitation under this article shall be excluded from the estate of the deceased over which the surviving spouse has a reserved portion. 

(4) The provisions of article 395 shall not apply to the right of habitation granted under this article. 

(5) The right conferred in subarticle (1) shall subsist even where such right has the effect of reducing, during the lifetime of the surviving spouse, the reserved portion due to any other person. 

(6) Where a creditor of the deceased spouse enforces his right over the tenement subject to the right under this article, or where the heirs who have accepted the inheritance with the benefit of inventory sell such tenement in satisfaction of any debt due by the inheritance, and in either case there exists other assets of the inheritance with which such debts may be satisfied, the surviving spouse shall have a right to demand, within one year of the sale, damages from the heirs of the deceased spouse, or from the heirs of the deceased spouse who have accepted with the benefit of inventory who shall not have taken any possible action to pay such debts out of the other assets. 

(7) The spouses may, in a pre-nuptial or post-nuptial agreement, in accordance with this Code, whichever patrimonial regime is to regulate their property, exclude or reduce the right competent to the surviving spouse in virtue of this article. 

(8) The right of habitation conferred in this article shall cease on the remarriage of the surviving spouse. 

634.  

Where the matrimonial home belongs in part to the surviving spouse, in any partition between the heirs of the deceased and the surviving spouse, the surviving spouse, or the said heirs, may demand that the property subject to the right of habitation be assigned to the surviving spouse upon a valuation which is to take account of such right of habitation over the property. 

635.  

The surviving spouse shall also have the right of use over any of the furniture in the matrimonial home belonging to the deceased spouse. 

808.  

(1) Where the deceased has left children or their descendants and a spouse, the succession devolves as to one moiety upon the children and other descendants and as to the other moiety upon the spouse. 

(2) The provisions of subarticle (1) shall be without prejudice to the right of the surviving spouse under articles 633, 634 and 635. 

Except with regard to the acquisitions referred to in Subtitle III of this Title, no partnership or community of property between the spouses is established by law. 

974.  

Where consent has been given by error, or extorted by violence or procured by fraud, it shall not be valid. 

977.  

(1) The use of violence against the obligor is a cause of nullity, even if such violence is practised by a person other than the obligee. 

(2) Nevertheless, an obligation entered into in favour of a person not being an accessory to the use of violence, in consideration of services rendered for freeing the obligor from violence practised by a third party, may not be avoided on the ground of such violence; saving the reduction of the sum or thing promised, where such sum or thing is excessive. 

978.  

(1) Consent shall be deemed to be extorted by violence when the violence is such as to produce an impression on a reasonable person and to create in such person the fear of having his person or property unjustly exposed to serious injury.  

(2) In such cases, the age, the sex and the condition of the person shall be taken into account. 

979.  

(1) Violence is a ground of nullity of a contract even where the threat is directed against the person or the property of the spouse, or of a descendant or an ascendant of the contracting party. 

(2) Where the threat is directed against the person or property of other persons, it shall be in the discretion of the court, according to the circumstances of the case, to void the contract or to affirm its validity. 

980.  

Mere reverential fear towards the father, mother or other ascendants or towards the husband, shall not be sufficient to invalidate a contract, if no violence has been used. 

981.  

(1) Fraud shall be a cause of nullity of the agreement when the artifices practised by one of the parties were such that without them the other party would not have contracted. 

(2) Fraud is not presumed but must be proved. 

1237.  

(1) It shall, however, be lawful for the future spouses to enter into any other agreement, which is not contrary to morals, or inconsistent with the rules contained in this and the following articles of this Code. 

(2) The spouses may, in an ante-nuptial or post-nuptial contract agree that their property acquired during their marriage shall remain separate or that it shall be governed by the system of community of residue under separate administration under Sub-title V of this Title, and without prejudice to sub-article (3) hereof, no partnership or community of property in general, may be established between the spouses except that referred to in this article or in article 1236. 

(3) The spouses may, without the intervention of any court, whether alone or with others, and whatever system regulates their property, form a limited liability company under the Commercial Partnerships Ordinance*; voting rights attached to shares registered in the name of a spouse shall be exercised by the spouse in whose name the shares are registered. The ownership of the shares in any such company shall remain governed in accordance with the system governing the property of the spouses. 

1238.  

(1) It shall not be lawful for the future spouses to enter into any agreement whereby either of them is established as head of the family, or into any agreement in derogation of any of the rights deriving from parental authority, or of the provisions of law relating to minority, or of any prohibitory rule of law. 

(2) Nevertheless, any stipulation that all the children, or any of them, shall be brought up in the religion of either of the spouses shall be valid. 

1239.  

It shall not be lawful for the future spouses to enter into any agreement or to make any waiver tending to vary the legal order of succession either with respect to themselves in regard to the succession of their children or descendants, or with respect to the children between themselves, saving such testamentary dispositions and such donations as are allowed under the provisions of this Code. 

1241.  

Marriage agreements entered into by a minor with the consent of the parents or parent exercising parental authority, or where both parents are absent, dead, interdicted, or have a mental disorder or other condition, which renders them incapable of managing their own affairs, with the authority of the court, are valid. 

1316.  

(1) Marriage celebrated in Malta shall, in the absence of an agreement to the contrary by public deed, produce ipso jure between the spouses the community of acquests. 

(2) Marriage celebrated outside Malta by persons who subsequently establish themselves in Malta, shall also produce between such persons the community of acquests with regard to any property acquired after their arrival. 

1317.  

It shall be competent to the spouses, even after the celebration of the marriage, with the authority of the court, to establish the community of acquests which in virtue of the marriage contract or other act had been excluded, or to cause the cessation of the community of acquests established by contract or by operation of law. 

1338.  

(1) Where the future spouses in a marriage contract stipulate that the property acquired by them during marriage shall be governed by the system of community of residue under separate administration the following provisions of this Sub-title shall apply. 

(2) The assets which shall be governed by the system of community of residue under separate administration shall be all the assets falling under paragraphs (a) to (f) of article 1320. 

 

MARRIAGE ACT

3.  

(1) A marriage contracted between persons either of whom is under the age of sixteen shall be void. 

(2) Without prejudice to the provisions of sub-article (1), a person who is subject to parental authority or to tutorship may not validly contract marriage without the consent of the person exercising such authority, or of the tutor, as the case may be. 

(3) Notwithstanding the provisions of sub-article (2) the court of voluntary jurisdiction within whose jurisdiction the minor habitually resides, may upon good cause being shown, authorise the celebration of a marriage referred to in that sub-article, where the consent of the person exercising paternal authority or of the tutor, as the case may be, is not forthcoming; and for the purposes of proceedings in connection with this sub-article, article 781(a) of the Code of Organization and Civil Procedure shall not apply. 

11.  

(1) A marriage may be contracted either in a civil form between two consenting individuals, that is to say in the form established by this Act for civil marriage, or in a religious form, that is to say in a religious form in accordance with the provisions of this Act. 

(2) A marriage, whether contracted in a civil or in a religious form, shall be valid only if all the provisions of this Act applicable thereto or to marriage generally are satisfied or observed. 

(3) In the case of the non-observance of any formality or other similar requirement relating to the celebration of the marriage or preparatory thereto, a marriage may not be annulled and shall be held to have always been valid, if the demand for annulment is not made within two years after the celebration of the marriage. 

17.  

(1) Saving the provisions of article 21, a religious marriage shall be contracted according to the rites or usages of a church or religion which is recognised for the purposes of this Act and which either of the persons to be married belongs to or professes; but the consent of the persons to be married must, in order that the marriage may be valid, conform in substance to the consent required by article 15(2). 

(2) A church or religion shall be recognised for the purposes of this Act if it is generally accepted as a church or religion or if it is recognised for the purposes of this article by the Minister; and if any question arises as to the application of this sub-article, the decision of the Minister aforesaid shall be final and conclusive. 

(3) The act of marriage shall be completed and delivered for registration immediately after the marriage. 

19.  

(1) In addition to the cases in which a marriage is void in accordance with any other provision of this Act, a marriage shall be void: 

(a) if the consent of either of the parties is extorted by violence, whether physical or moral, or fear; 

(b) if the consent of either of the parties is excluded by error on the identity of the other party; 

(c) if the consent of either of the parties is extorted by fraud about some quality of the other party which could of its nature seriously disrupt matrimonial life; 

(d) if the consent of either of the parties is vitiated by a serious defect of discretion of judgment on the matrimonial life, or on its essential rights and duties, or by a serious psychological anomaly which makes it impossible for that party to fulfil the essential obligations of marriage; 

(e) if either of the parties is impotent, whether such impotence is absolute or relative, but only if such impotence is antecedent to the marriage; 

(f) if the consent of either of the parties is vitiated by the positive exclusion of marriage itself, or of any one or more of the essential elements of matrimonial life, or of the right to the conjugal act; 

(g) if either of the parties subjects his or her consent to a condition referring to the future; 

(h) if either of the parties, although not interdicted or infirm of mind, did not have at the time of contracting marriage, even on account of a transient cause, sufficient powers of intellect or volition to elicit matrimonial consent. 

(2) Subject to the provisions of this Act, an action for the annulment of a marriage may only be commenced by one of the parties to that marriage, and this provision shall apply even where such party is, under any provision of law, incapable of suing or being sued, and in any such case the action may be commenced by such party notwithstanding such incapacity, saving any assistance or other condition the court may deem appropriate to order. Where 

an action has been commenced by a party to a marriage, the action may be continued by any of the heirs. 

19A.  

(1) A valid marriage may be annulled at the request of one of the spouses on the grounds that the other party has refused to consummate the same. 

(2) The provisions of article 19(2) shall apply to an action for the annulment of a marriage referred to in sub-article (1) as it applies to an action for the annulment of a marriage therein referred to. 

(3) An action for the annulment of a marriage under this article may not be instituted before the lapse of three months from the date of the celebration of the marriage.