MaltaCriminal Code Article 337F, Offences and Penalties
Criminal Code (Cap. 9), Art. 337F
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A conviction under the Criminal Code's computer-misuse subtitle carries a fine of up to €23,293.73 or imprisonment of up to four years, or both, rising to a fine of up to €150,000 or imprisonment of up to ten years for aggravating circumstances such as harm to a government function, critical infrastructure, or a second offence.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- When does an offence 'cause serious damage' under Article 337F(2)(b), a term the Sub-title does not define, so as to raise the penalty ceiling from four to ten years?
- Does a crawler that burdens the website of a public body 'hamper, impair or interrupt' the provision of a public service under Article 337F(2)(a) when the service stays available to most users?
What record it asks for
Logging duty
Article 337F sets the penalties for contravening the computer-misuse sub-title of the Criminal Code. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Article 337F sets the general penalty for contravening any provision of the Criminal Code's computer-misuse subtitle at a fine not exceeding €23,293.73 or imprisonment not exceeding four years, or both.
The penalty rises to a fine of not less than €500 and not exceeding €150,000 or imprisonment from twelve months to ten years, or both, where the offence is detrimental to a government function or public utility, causes serious damage, targets a critical infrastructure facility, is committed within an organised-crime framework, or is committed through misuse of another person's personal data to gain a third party's trust.
The same increased penalty applies where an employee used that position to commit the offence against the employer or a third party, and where the offence is a second or subsequent one. A person who prepares for or is an accomplice in an offence under the subtitle is liable to the same penalty as the completed offence, and the burden of proving any authorisation the accused claims to have had lies with the accused. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web.
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