Cap. 9 Art. 328Involuntary fire or damage.

Whosoever, through imprudence, negligence or unskilfulness in his trade or profession, or through non-observance of any regulation, shall cause any fire or any damage, spoil or injury as mentioned in this Sub-title, shall, on conviction, be liable -

(a) if the death of any person is caused thereby, to the punishments established in article 225;

(b) if any grievous bodily harm with any of the effects mentioned in article 218 is caused thereby, to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37);

(c) if any grievous bodily harm without any of the effects aforesaid is caused thereby, to imprisonment for a term not exceeding three months or to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69);

(d) in any other case, to imprisonment for a term not exceeding three months or to a fine (multa) or to the punishments established for contraventions: Provided that in the cases referred to in paragraph (d), except where damage is caused to public property, other than a motor vehicle, proceedings may be instituted only on the complaint of the injured party: Provided further that the proceedings referred to in paragraph (d) with respect to damage caused on a motor vehicle, which is public property, on the complaint of the head of the Government department in charge of the said vehicle, the provisions of article 374(d) shall not apply to those proceedings after the complainant will have confirmed his complaint under oath before the court and the absence of the complainant from attendance in court in any stage of the proceedings shall in no way affect the lawfulness of the procedures nor be considered to constitute the withdrawal of the complaint as long as such absence occurs at a stage which is subsequent to the said confirmation on oath of the complaint by the complainant:

Provided further that in cases where a person commits an offence as referred to in paragraphs (a), (b) and (c), and in the case of paragraph (d) only with regard to slight bodily harm, and subsequently flees from the place where the death of a person or bodily harm occurred, the punishment established for the offence shall be increased by two to three degrees.

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