While there is no specific term used in Malta's laws, self-defense is stipulated and can be used as an affirmative defense to crimes the battered woman has committed. The Criminal Code of Malta provides that no offense is committed when a homicide or a bodily harm is ordered or permitted by law or by a lawful authority, or is imposed by actual necessity either in lawful self-defense or in the lawful defense of another person. While the Criminal Code does not explain what exactly factors into a claim of self-defense, it does explain that there are cases of lawful defense where self-defense is to defend one's own chastity or the chastity of another.[55]
Every person is also exempt from criminal responsibility if at the time of the act or omission complained of, such person was either:
- in a state of insanity
- constrained thereto by an external force that they could not resist[56]
No specific information found on this matter.
While Malta's employment laws do not specifically contemplate any measures specific to victims of domestic violence, the Employment and Industrial Relations Act provides leave for urgent family reasons to which an employee will be entitled and the conditions regulating such entitlement, which the minister may establish. Such rules and regulations set forth that an individual can request leave for force majeure events for urgent family reasons in cases of sickness or accident making the immediate presence of the employee indispensable.
The employee is allowed a minimum of 15 hours with pay per year as time off from work for urgent family reasons. The total number of hours availed of by the employee for urgent family reasons will be deducted from the annual leave entitlement of the employee.
The Family Reunification Regulations,[57] which transpose EU Directive 2003/86/EC,[58] make it possible for a migrant woman to obtain an autonomous residence permit. Such a permit is issued in the case of the death of a sponsor, difficulties resulting from a marriage breakdown, domestic violence, forced marriage or forced return by the sponsor to the country of origin. The validity of the autonomous residence permit issued on the basis of S.L. 217.06 is not affected by the expulsion of the sponsor, especially in the case of an abusive marital relationship.
A third-country national may also apply for a temporary residence permit on the basis of humanitarian reasons, as such victims of domestic violence may apply for temporary residence. Such a residence permit may be renewed if the conditions upon which it was originally issued do not cease to exist.[59]
Yes, the Permission to Reside for Victims of Trafficking or Illegal Immigration who cooperate with the Maltese Authorities' Regulations[60] makes it possible for victims of human trafficking and smuggling to be issued with a residence permit. Residence permits are also issued to third-country nationals whose presence is required in Malta in relation to ongoing investigations or court proceedings. During such period of residence, the third-country national may submit an application for a work permit.[61]
Yes, please refer to the answer in Section 6.3 (i) above.
Military active individuals are subject to the Criminal Code in addition to also being subject to military law; therefore, protective orders can be issued against military personnel without having to seek specific military protective orders.
Family court judges have discretion to evaluate and determine custody and visitation rights according to each and every case. Decisions are based considering the specific circumstance of each case and are aimed at avoiding putting children in harm's way and always putting the best interests of the child first. Emergency protection orders can be put in place so that victims, children or both can be protected. In addition, visitation rights can be supervised when there is a specific concern about the particular parent exercising such right.
No specific information found on this matter.
No information found in our research.
Yes. The order itself may prohibit the accused from approaching or following the injured party, prohibit or restrict access to premises in which the injured party lives, works or frequents, or prohibit the accused from contacting the injured party. These orders can remain in force for up to five years, but can be revoked or extended, as seen fit.