Cap. 9 Art. 248EGeneral provisions applicabletothis Sub-title.

(1) In this Sub-title, the phrase "trafficks a person" or "trafficks a minor" means the recruitment, transportation, sale or transfer of a person, or of a minor, as the case may be, including harbouring and subsequent reception and exchange or transfer of control over that person, or minor, and includes any behaviour which facilitates the entry into, transit through, residence in or exit from the territory of any country for any of the purposes mentioned in the preceding articles of this Sub-title, as the case may be.

(2) Where any of the offences in articles 248A to 248D, both inclusive -

(a) is accompanied by violence, or has resulted in harm to the physical or psychological health of the victim; or

(b) generates proceeds exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87); or

(c) is committed with the involvement of a criminal organisation within the meaning of article 83A(1); or

(d) is committed by a public officer or servant in the course of the exercise of his duties; or

(e) is committed against a vulnerable person within the meaning of article 208AC(2); or

(f) when the offender wilfully or recklessly endangered the life of the person trafficked; or

(g) when the offender has been previously convicted of an offence under this article; or

(h) is committed by a member of the child’s family, a person cohabiting with the child or a person who has abused a recognised position of trust or authority, the punishment otherwise due shall be increased by one degree.

(3) The provisions of article 121D shall apply mutatis mutandis to the offences under this Sub-title, so however that the punishment to which the body corporate shall be liable under this sub-article shall be the payment of a fine (multa) of not less than twenty thousand euro (€20,000) and not more than two million euro (€2,000,000), which fine may be recovered as a civil debt and the sentence of the Court shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure.

(4) Where the person found guilty of any of the offences under this Sub-title -

(a) was at the time of the commission of the offence an employee or otherwise in the service of a body corporate, and

(b) the commission of the offence was for the benefit, in part or in whole, of that body corporate, and

(c) the commission of the offence was rendered possible because of the lack of supervision or control by a person referred to in article 121D, the person found guilty as aforesaid shall be deemed to be vested with the legal representation of the same body corporate which shall be liable to the payment of a fine (multa) of not less than ten thousand euro (€10,000) and not exceeding two million euro (€2,000,000).

(4A) Whenever the offence is committed for the benefit, in part or in whole, of a body corporate by a person who has the power of representation of the body corporate, authority to take decisions on behalf of the body corporate, or authority to exercise control of the body corporate, the legal person may be subject to:

(i) exclusion from entitlement to public benefits or aid;

(ii) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity;

(iii) placing under judicial supervision;

(iv) the compulsory winding up of the body corporate; or

(v) the temporary or permanent closure of any establishment which may have been used for the commission of the offence.

(5) Without prejudice to the provisions of article 5, the Maltese courts shall also have jurisdiction over the said offences where:

(a) only part of the action giving execution to the offence took place in Malta; or

(b) the offender is a Maltese national or permanent resident in Malta or the offence was committed for the benefit of a body corporate registered in Malta; or

(c) the offence was committed against a Maltese national or permanent resident in Malta.

(6) The offences committed under this Sub-title shall not be liable to punishment if the offender was compelled thereto by another person where the provisions of article 33(b) do not apply.

(7) The provisions of article 14 of the Immigration Act shall not apply until the lapse of thirty days from the date that the

Principal Immigration Officer has reasonable grounds to believe that the person concerned is a victim of any of the offences under this Sub-title.

(8) The provisions of articles 13 and 14 of the White Slave Traffic (Suppression) Ordinance, shall, mutatis mutandis, apply.

(9) Notwithstanding any other provision of this Code or of any other law, the period of prescription shall run from the day on which the victim attains the age of majority.

(10) For the purposes of this article the phrase "permanent resident" shall have the same meaning assigned to it by article 5(1)(d).

248F (1). Whosoever aids, abets or instigates any offence under this Sub-title shall be guilty of an offence and shall be liable on conviction to the punishment laid down for the offence aided, abetted or instigated.

(2) Any person who engages in or makes use of the services or labour as referred to in articles 248A to 248D, both inclusive, in the knowledge that the person providing the service has been trafficked within the meaning of article 248E(1), shall be guilty of an offence and liable, on conviction, to imprisonment for a term of eighteen months to five years.