Cap. 9 Art. 337FOffences and penalties.

(1) Without prejudice to any other penalty established under this Sub-title, any person who contravenes any of the provisions of this Sub-title shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) or to imprisonment for a term not exceeding four years, or to both such fine and imprisonment.

(2) The penalty shall be increased to a fine (multa) of not less than five hundred euro (€500) and not exceeding one hundred and fifty thousand euro (€150,000) or to imprisonment for a term from twelve months to ten years, or to both such fine and imprisonment in each of the following cases where the offence:

(a) constitutes an act which is in any way detrimental to any function or activity of Government, or hampers, impairs or interrupts in any manner whatsoever the provision of any public service or utility, whether or not such service or utility is provided or operated by any Government entity;

(b) causes serious damage;

(c) is committed against a critical infrastructure facility information system;

(d) is committed within the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841JHA of 24 October 2008 on the fight against organised crime;

(e) is committed through the misuse of personal data of another person, with the aim of gaining the trust of a third party, thereby causing prejudice to the rightful identity owner: Provided that where a person is found guilty of an offence against this sub-article for a second or subsequent time, the minimum of the penalty for such an offence shall not be less than five thousand euro (€5,000): Provided further that in this article "infrastructure facility" shall have the same meaning assigned to it by article 314A(4).

(3) The penalties established under sub-article (2) shall also apply in the case of any offence against any of the provisions of this Sub-title -

(a) where the offence is committed in any place by an employee to the prejudice of his employer or to the prejudice of a third party, if his capacity, real or fictitious, as employee, shall have afforded him facilities in the commission of the offence; and

(b) with the exception of sub-article (2), where the offence committed by a person is the second or subsequent offence against any of the provisions of this Sub-title.

(4) A person who produces any material or does any other act preparatory to or in furtherance of the commission of any offence under this Sub-title shall be guilty of that offence and shall on conviction be liable to the same punishment provided for the offence.

(5) Any person who is an accomplice in the commission of an offence against this Sub-title or who in any way incites, aids or abets such commission shall be liable to the same penalties contemplated for such an offence.

(6) It shall not be necessary for the prosecution to negative by evidence any authorisation required under this Sub-title and the burden of proving any such authorisation shall lie with the person alleging such authorisation: Provided that this burden shall not be considered to have been discharged with the mere uncorroborated testimony of the person charged.