Cap. 9 Art. 325Spoil,damageor injury in general.

(1) Whosoever, by any means other than those referred to in the preceding articles of this Sub-title, shall wilfully commit any spoil, damage or injury to or upon any movable or immovable property belonging to any other person, shall, on conviction, be liable -

(a) if the amount of the damage exceeds two thousand and five hundred euro (€2,500), to imprisonment for a term from eighteen months to four years;

(b) if the amount of the damage does not exceed two thousand and five hundred euro (€2,500) but exceeds two hundred and fifty euro (€250), to imprisonment for a term from eight to fourteen months;

(c) if the amount of the damage does not exceed two hundred and fifty euro (€250), to imprisonment for a term not exceeding six months;

(d) if the amount of the damage does not exceed twenty-three euro and twenty-nine cents (€23.29), to imprisonment for a term not exceeding three months or to the punishments established for contraventions: Provided that if the crime be excusable by reason of an unjust provocation, the offender shall, in the cases referred to in paragraphs (a), (b) and (c), be liable to imprisonment for a term not exceeding two-thirds of the period therein mentioned; and in the case referred to in paragraph (d), to the punishments established for contraventions.

In considering the excuse, regard shall be had to the rule laid down in article 235:

Provided further that in the cases referred to in paragraphs

(c) and (d), except where the damage is caused to public property proceedings may be instituted only on the complaint of the injured party: Provided further that in the case of damage to public property, the punishment shall be increased by one or two degrees, and the offender shall be ordered to pay by way of fine (multa) the amount of the damage caused.

(2) Where because of the geological, palaeontological, archaeological, architectonic, artistic or historical nature or importance of the property spoiled, damaged or injured it is not possible to estimate the damage according to the rule laid down, in article 335, the damage shall be deemed to exceed one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69).