Malta 2

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114

CAP. 9.]

CRIMINAL CODE such aggravating circumstances, to the said punishment, which may, however, be increased to any term not exceeding three years.

Punishment for aggravated theft when the value of the thing stolen does not exceed twenty-three euro and twenty-nine cents (23.29). Amended by: IV.1856.14; V.1868.18; VI.1871.21; XI.1900.40; I.1903.14; III.1971.9; XLIX.1981.4; XIII. 1983.5; L.N. 407 of 2007.

282. Where in cases of theft accompanied with one or more of the aggravating circumstances mentioned in article 261, with the exception of that of "violence" or "means", the value of the thing stolen does not exceed twenty-three euro and twenty-nine cents (23.29), the offender shall, on conviction, be liable to imprisonment for a term not exceeding three months.

Theft of water, gas or electric current. Added by: XVI.1921.5. Amended by: XIII.1983.5; L.N. 407 of 2007. When deemed to be completed. Punishment when value of water, etc., does not exceed twenty-three euro and twenty-nine cents (23.29).

283. In the cases set forth in the second paragraph of article 264(1), the theft aggravated by "means" shall be deemed to be completed when the communication therein mentioned is effected, and the offender shall be liable to the punishment laid down in article 278(4), unless it is proved that the value of the water, gas or electric current stolen exceeds twenty-three euro and twenty-nine cents (23.29).

Complaint of the injured party. Added by: XXII. 2005.3.

283A. No proceedings shall be instituted in respect of any offence of theft of electricity except on the complaint of the injured party even if the offence is one which falls within the competence of the Court of Magistrates as provided in article 370(1) and even if the injured party has not expressly waived the right to prosecute w i t h i n f o u r d a y s f r o m t h e c o m m i s si o n o f t h e o ff e nc e . T h e provisions of this article shall apply notwithstanding anything to the contrary provided in article 373.

ยง OF S IMPLE THEFT Simple theft.

284. Theft, when not accompanied with any of the aggravating circumstances specified in article 261, is simple theft.

Punishment. Amended by: III.1971.10; XLIX.1981.4; XIII. 1983.5; L.N. 407 of 2007.

285. Whosoever shall be guilty of simple theft shall be liable to imprisonment for a term from one to six months: Provided that if the value of the thing stolen does not exceed twenty-three euro and twenty-nine cents (23.29), the offender shall, on conviction, be liable to imprisonment for a term not exceeding three months.


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