The government is proposing amendments to the Criminal Code which will see criminal sentences for attacks on police officers and other members of disciplined forces upped, with Home Affairs Minister Byron Camilleri telling Parliament that Malta cannot “live by the law of the jungle.”

The legal amendments to the Criminal Code, which were discussed at the second reading in Parliament on Monday, come after two police officers were beaten up in an incident in Hamrun.

Under the proposed changes, those who should threaten, offend, or injure a public official or member of the disciplined forces will face a minimum fine of €1,200, up from €800, with the maximum fine also rising from €5,000 to €7,500.

Further, should a weapon be used in the attack or violent resistance, the incarceration penalty will increase from the minimum of a year to a year and a half to a maximum rising from four years to six years whilst the fine will increase from its minimum of €8,000 to €12,000 and the maximum rising from €20,000 to €30,000.

When the attack or violent resistance is done by a person or two people, the incarceration penalty will increase from the minimum of six months to a year and from the maximum of two years to four years whilst the fine will increase from its minimum of €4,000 to €6,000 and the maximum rising from €10,000 to €15,000.

However, when the attack or violent resistance is done by three people or more, the incarceration penalty will increase from the minimum of nine months to a year and a half and from the maximum of three years to six years whilst the fine will increase from its current minimum of €5,000 to €7,500 and the maximum rising from €15,000 to €22,500.

Should these offences include public violence, the imprisonment penalty will increase from the minimum of two years to three years and from the maximum of five years to seven years with the introduction of a fine the minimum of which will be €10,000, going up to a maximum of €25,000.

Furthermore, the options of suspended sentence or a conditional discharge are no longer available for these crimes have been removed.

Minister Camilleri stressed in Parliament that attacks on authority can never be justified and neither can false allegations in their regard as they do their duty. He clarified however, “What is certain is that my satisfaction will not be with a person landing longer jail-time or a higher fine but when we reach a point that such incidents no longer happen and there will be no need to use the amendments we announced today.”

Camilleri openly acknowledged that those who keep the peace are not always in the right but even then, there is a way and a way that society is obliged to react. He emphasised that should an official make a mistake, he will be held accountable however, “we do not live by the law of the jungle” and should a person disagree with an official they should go through the necessary channels to dispute it.

“Though we are speaking about particular laws for those who attack public officials it would be an outrage for us not to initially work on to need to prevent such instances and there’s no better prevention than respect towards authority. Respect doesn’t mean that you always agree, but even where you disagree, you address the matter with manners and according to established procedures,” he said.

 Camilleri said that though the police force enjoys better work conditions than under the previous government, such as a variety of unions, two of which were consulted for the amendment of the criminal code, the Accident Scheme and even a sectoral agreement, going a bridge further than just unionising, they have more responsibility.  

Camilleri said it was his wish, as well as that of his colleagues, that the laws being amended will rarely have to be used and that it is more important to foster an atmosphere of respect in society.

He went on to sketch out various instances “everyone has heard of” in which parents would go to vindicate their disciplined children, in what he called the idea of the “bully” and stressed that should there be any disagreement it must be dealt with respectfully, in an educated manner, as well as according to set regulations.

Camilleri said that he is not being “fatalistic” in saying that society’s reality shows that the cases of violence against public officials are the exception not the rule, but even a single case is one too many.

He pointed out how cases of violence against public officials have decreased by 70% since the deployment of body-cams and in light of this, efforts should be increased to keep lowering the number through a strong deterrent, with plans on the horizon to extend body cams to other workers.

“We live in a democratic society. God forbid we all agree: disagreement is good and a sign of a working democracy. But democratic means must always be used. I will be their [disciplined forces’] shield, when they needed me they found me and so it will remain,” Camilleri said.

He added, “This was one of the things I wanted to address most as minister. This is the reason I introduced body cams, to decrease violence against the police but also decrease false allegations which happened many times,” Camilleri said.