Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 257DOffences relating to crimes against property and public safety.
Sub-title XI
(1) Any person found guilty of any offence under Title IX of Part II of Book First, when committed against an elder or a dependent adult, shall be liable to the punishment provided for in this article:
(a) when the amount of the damage caused by the offender exceeds three thousand euro (€3,000) the punishment shall be that of imprisonment from two to nine years;
(b) when the amount of the damage caused by the offender exceeds two hundred and fifty euro (€250) but does not exceed three thousand euro (€3,000), the punishment shall be that of imprisonment from nine months to three years: Provided that if the punishment laid down for the relevant offence in this Sub-title is higher than the punishment laid down in this paragraph, the former punishment shall apply increased by one degree and, in the case of the offence under article 294, the punishment so increased shall not be awarded in its minimum;
(c) when the amount of the damage caused by the offender does not exceed two hundred and fifty euro (€250) the offender shall be liable to imprisonment for a term not exceeding six months.
(2) In addition to any punishment to which the person convicted of an offence under this Sub-title may be sentenced and in addition to any penalty to which a body corporate may become liable under the provisions of article 121D, the court may order the offender to make restitution to the injured party of any property or proceeds stolen or knowingly received or obtained by fraud or other unlawful gain to the detriment of such party by or through the offence or to pay to such party such sum of money as may be determined by the court as compensation for any such loss as aforesaid or for any damages or other injury or harm including moral and psychological harm caused to such party by or through the offence; and any such order may include both a direction to make restitution and, in default, to pay as aforesaid. The order shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure.
(3) When issuing an order under sub-article (1), the Court may direct that such costs or damages are paid in instalments, in particular having regard to any other obligations which the offender has towards the victim or any of the victim’s dependants.
Amendment history
- Amended by XIII.2018.24