Act I of 2014. An Act to Amend the Criminal Code, Female Genital Mutilation

(1) Whosoever, for non-medicalreasons, performs an operation or carries out anyintervention on a woman’s genitalia that damagesthe genitalia or inflicts upon them permanentchanges, shall be guilty of enforced femalegenital mutilation and shall be liable to thepunishment of imprisonment for a term fromthree to nine years.

(2)

(a) Whosoever shall be guilty offemale genital mutilation from which death shallensue solely as a result of the nature or the naturalconsequences of the harm and not of anysupervening accidental cause, shall be liable - (i) to imprisonment for a term fromsix to twenty years, if death shall ensuewithin forty days to be reckoned from themidnight immediately preceding theoperation or intervention;(ii) to imprisonment for a term fromfour to twelve years, if death shall ensueafter the said forty days, but within one yearto be reckoned as above.

(b) If death shall ensue as a result ofa supervening accidental cause and not solely as aresult of the nature or the natural consequences ofthe operation or intervention, the offender shall,on conviction, be liable to imprisonment for aterm from three to nine years.

(3) Consent of the person undergoing theoperation or intervention shall not justifyexemption from punishment.

(4) Whosoever shall wilfully fail to seek toavert, by formal complaint or in another manner,female genital mutilation, shall be liable to a fine (multa) of not less than one thousand euro(€1,000) and not exceeding five thousand euro(€5,000) or to a term of imprisonment for a termof six months to two years, or to both such fineand imprisonment:Provided that the duty to avert such anact shall apply regardless of any duty of confidentiality.

(5) For purposes of this article the terms"operation" and "intervention" shall include theexcision, infibulation or mutilation of the genitalia.

(6) Whosoever aids, abets, counsels orprocures a female to excise, infibulate orotherwise mutilate the whole or any part of her own genitalia, shall be guilty of an offence andshall be liable, on conviction, to the punishmentlaid down under this article.

Criminal Law

Applicability of the principle of extraterritoriality

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 givingexecution to the offence took place in Malta;or

(b) the offender is a Maltesenational or permanent resident in Malta; or

(c) the offence was committedagainst a Maltese national or permanentresident in Malta.