Cap. 438 Art. 67Penalty for offences against thisAct.

(1) Any person guilty of an offence against this Act or any

Part thereof shall, on conviction, be liable to a fine (multa) of not less than seven thousand euro (€7,000.00) and not more than two hundred and thirty-five thousand euro (€235,000.00) or to imprisonment for a term of not more than five years, or to both such fine and imprisonment:

Provided that where the person convicted of an offence against this Act is a recidivist of an offence against this Act, he shall be liable to a fine (multa) of not less than twelve thousand euro (€12,000.00) and not more than three hundred and fifty thousand euro (€350,000.00), or to imprisonment for a term of not less than six months and of not more than six years, or to both such fine and imprisonment: Provided further that where the person so found guilty is the president, director, manager, secretary or other similar officer of a company or other undertaking, organisation, club, society or other association or body of persons, the said person shall, for the purpose of this article, be deemed to be vested with the legal representation of the same company or other undertaking, organisation, club, society or other association or body of persons, which shall accordingly be liable in solidum with the person found guilty for the payment of the said fine: Provided further that where the Attorney General in the sanction issued in accordance with article 74(2), certifies that the offence will be adequately punished with a fine (multa) of not less

*This article is not yet in force. Provided further that where the court, after convicting the accused, is of the opinion that when it takes into account the age of the offender, the previous conduct of the offender, the effects of the offence, the means through which the offence was committed and all other circumstances of the offence, the punishment provided for in sub-article (1) and in the first proviso thereto is not appropriate, it may, notwithstanding the other provisions of the third proviso of this sub-article, apply the punishments established in the said third proviso.

(2) The fine referred to in subarticle (1) shall be recoverable by the Minister responsible for sport as a civil debt in favour of the Government where the relevant offence arises under any provision of Part VIII, and where the relevant offence arises under any other provision of this Act the said fine shall be recoverable by the Chief Executive as a civil debt in favour of the Government.

(3) The provisions of the Probation Act and of article 21 and 28A to 28I of the Criminal Code shall not apply with respect to offences referred to in subarticle (1).