Cap. 593 Art. 6Aggravating circumstances.  Cap. 9.    Cap. 9.

(1) The offences referred to in the preceding articles are considered aggravated whenever they are committed:

(a) within the scope of a criminal organisation as referred to in article 83A of the Criminal Code; or

(b) with the intent of making use of the outcome thereof to profit from gaming; or

(c) by the use of threats, private violence or harassment according to Sub-Title IX of Title VIII of Part II of

Book First of the Criminal Code; or

(d) the act is committed by a person who is:

(i) an official or employee of a national association;

(ii) a public officer;

(iii) an employee of a gaming operator;

(iv) an employee of SportMalta;

(v) an athlete;

(vi) an athlete support staff;

(vii) a match official;

(viii) a club official;

(ix) a former athlete, athlete support staff, match official, or club official;

(e) the act provides a gained monetary benefit of more than ten thousand euro (€10,000).

(2) Subject to the provisions of this sub-article where the offences referred to in the preceding articles are accompanied by any one or more of the aggravating circumstances laid down in sub-article (1), the punishment for such aggravated offence shall be imprisonment for a period of not less than one year and not more than five years:

Provided that:

(i) if the gained monetary benefit is established and quantified, the punishment shall also include a fine (multa) of fifteen thousand euro (€15,000) or of an amount equal to three times the gained monetary benefit, whichever is the higher;

(ii) if the gained monetary benefit is established as amounting to more than ten thousand euro (€10,000) but is not quantified, the punishment shall also include a fine (multa) of not less than ten thousand euro (€10,000) and not more than one hundred and fifty thousand euro (€150,000);

(iii) if a greater punishment is applicable under any other law, then the greater punishment shall apply:

Provided further that where the manipulated sporting event is an event in which a Maltese national team or an athlete representing Malta at an international sporting event is participating the punishment shall be increased by one degree.