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ACT No. II of 2014 AN ACT to amend the Criminal Code in relation to the automatic forfeiture of parental authority over children.

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Texte législatif (3 Articles)

Malta Government Gazette — Act 2014 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,209 – 14.02.2014 — ACT No. II of 2014 AN ACT to amend the Criminal Code in relation to the automatic forfeiture of parental authority over children.

I assent.

G EORGE A BELA

(L.S.)

President

14th February, 2014

ACT No. II of 2014

AN ACT to amend the Criminal Code in relation to the

automatic forfeiture of parental authority over children.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

Malta Government Gazette — Act 2014 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,209 – 14.02.2014 — ACT No. II of 2014 AN ACT to amend the Criminal Code in relation to the automatic forfeiture of parental authority over children.

The short title of this Act is the Criminal Code Short title.

(Amendment No. 2) Act, 2014 and this Act shall be read and

construed as one with the Criminal Code, hereinafter referred to as Cap. 9.

"the Code".

In sub-article (4) of article 197 of the Code, for the words Amendment of

Malta Government Gazette — Act 2014 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,209 – 14.02.2014 — ACT No. II of 2014 AN ACT to amend the Criminal Code in relation to the automatic forfeiture of parental authority over children.

"the office of tutor." there shall be substituted the words "the office of article

the Code.

tutor:" and immediately thereafter there shall be added the following

new provisos

"Provided that where the rights of the offender over the

person to whose prejudice the offence has been committed consists of

rights of parental authority the forfeiture provided for in this sub-

article shall not apply automatically but may be imposed by the court

after it has considered all the circumstances of the case and in

imposing such forfeiture the court may also impose conditions

Provided further that in the cases referred to in the above

proviso the court may, upon the application of the offender, and only

after appointing any expert that it may deem fit to appoint, remove or

vary the conditions of the forfeiture, after being satisfied that a

material change in circumstances justifies such revocation or

variation of conditions.".

Passed by the House of Representatives at Sitting No. 118 of the

11th February, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives

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