31.08.2026
Abuse of elderly persons is a particularly serious form of wrongdoing because it frequently occurs in circumstances where the victim is dependent upon, or places considerable trust in, the very person responsible for the abusive conduct.
The abuse may take place within the family home, in a residential or care setting, or in any other environment in which an elderly person depends upon others for assistance, care or the management of his or her affairs. It is also important to recognise that elder abuse is not confined to physical violence. It may take the form of neglect, psychological abuse, financial exploitation, isolation, unlawful restriction of a person's freedom, sexual abuse or a combination of these behaviours.
Maltese criminal law specifically recognises the particular vulnerability of elderly and dependent persons. In 2014, Act XXXI of 2014 introduced a dedicated sub-title into the Criminal Code, Chapter 9 of the Laws of Malta, entitled "Of Abuse on Elderly or Dependent Persons". Those provisions remain contained in Articles 257A to 257F of the Criminal Code.
For the purposes of these offences, the Criminal Code defines an "elder" as a person who has attained the age of sixty years.
The protection is not limited to elderly persons. The law also protects a "dependent adult", broadly encompassing an adult suffering from a degree of physical or mental infirmity which restricts his or her ability to perform normal activities or protect his or her rights. This definition also extends to persons admitted as inpatients to twenty-four-hour health facilities and persons residing in or admitted to institutions providing medical or psychological care.
This is significant because vulnerability does not necessarily arise from age alone. Physical disability, cognitive decline, illness or institutional dependence can place an adult in a position in which he or she requires enhanced legal protection.
There is no single factual scenario which constitutes elder abuse. Academic literature commonly identifies five principal forms: physical abuse, psychological or emotional abuse, sexual abuse, financial abuse and neglect.
In practice, these categories frequently overlap.
Physical abuse may be the most immediately apparent, but psychological abuse can be equally damaging. Threats, humiliation, intimidation, degrading treatment, deliberate isolation and conduct calculated to cause fear or emotional suffering may all be relevant when assessing whether criminal conduct has taken place.
Neglect can similarly be physical or psychological. It may involve failure to provide adequate food, hydration, medication, hygiene, accommodation or other necessary care. Psychological neglect may involve prolonged isolation or the deliberate deprivation of meaningful contact with other persons.
Importantly, therefore, the absence of visible injuries does not necessarily mean that abuse has not occurred.
Article 257A of the Criminal Code addresses particularly serious circumstances.
It applies where a person who knows, or ought to know, that another person is an elder or dependent adult, under circumstances likely to produce grievous bodily harm or death, wilfully causes or permits that person to suffer, inflicts unjustifiable physical pain or mental suffering, or, having the person's care or custody, wilfully permits his or her health or person to be injured or endangered.
The basic punishment prescribed by Article 257A is imprisonment for a term of two to five years, without prejudice to other punishments which may arise under the Criminal Code or another law. Where grievous bodily harm actually results, the punishment is further aggravated, with a greater aggravation applying according to the victim's age.
The wording of the provision is important. The law does not merely address the positive infliction of injury. It also refers to a person who permits an elderly person to suffer or permits his or her health to be endangered. Consequently, depending on the particular facts and evidence, serious neglect by a person responsible for an elder's care may engage criminal responsibility.
Where grievous bodily harm ultimately results in death, Article 257B provides for substantially more serious punishments, potentially extending to lengthy terms of imprisonment.
Not every abusive situation reaches the threshold contemplated by Article 257A.
Article 257C therefore provides broader protection where the circumstances are not likely to produce grievous bodily harm or death, but the perpetrator nevertheless wilfully causes or permits an elder or dependent adult to suffer, causes unjustifiable physical pain or mental suffering, or permits that person's health or safety to be endangered.
The offence carries imprisonment for a term of one to three years, with further increases where bodily harm actually occurs.
The significance of Article 257C is that Maltese criminal law is capable of addressing abuse which does not necessarily result in catastrophic physical consequences. Depending on the circumstances, persistent psychological mistreatment, certain forms of neglect and other conduct causing unjustifiable suffering may fall for consideration under this provision.
Financial exploitation is another particularly serious concern.
An elderly person may entrust a family member, carer or other individual with access to bank accounts, cash, property or financial documentation. In other circumstances, another person may hold a power of attorney or otherwise occupy a position of confidence.
That position of trust does not give a person the right to treat the elder's assets as his or her own.
Financial abuse may potentially involve theft, misappropriation, fraud or other offences against property. The misuse of money or property entrusted to another person, the diversion of funds for that person's own purposes or the misuse of authority granted under a power of attorney may, depending on the facts, have serious criminal consequences. The academic source supplied for this article specifically identifies misuse of powers of attorney as a potential form of financial exploitation.
Article 257D of the Criminal Code specifically deals with offences under Title IX of the Criminal Code when committed against an elder or dependent adult.
The punishment is linked, among other matters, to the amount of damage caused. Where the damage exceeds €3,000, Article 257D provides for imprisonment from two to nine years. Where the damage exceeds €250 but does not exceed €3,000, imprisonment ranges from nine months to three years, subject to the further rules contained in the provision. Where the damage does not exceed €250, imprisonment may extend to six months.
The financial consequences of a prosecution are also important. The Criminal Court may order restitution of property or proceeds obtained through the offence or order compensation for the loss, injury or harm suffered, including moral and psychological harm. Such an order constitutes an executive title for the purposes of the Code of Organisation and Civil Procedure.
Thus, criminal proceedings concerning financial exploitation of an elderly person are not necessarily concerned solely with punishment: the legislation expressly contemplates restitution and compensation to the injured party.
A less obvious, but potentially serious, form of elder abuse is the deliberate isolation or confinement of an elderly person.
Families sometimes encounter circumstances in which one relative assumes control over an elderly person's affairs and begins restricting access by other relatives or friends. Every case turns on its particular circumstances: genuine measures taken for an elderly person's health, safety and welfare cannot simply be equated with criminal conduct.
However, the law does expressly prohibit unlawful confinement and restriction.
Article 257E provides that a person who, without lawful order, arrests, detains or confines an elder or dependent adult against that person's will, or otherwise restricts or impedes his or her free movement and unrestrained access, may be liable to imprisonment for between eighteen months and four years.
Where that conduct is carried out through violence, force, bribery, deceit, pretence, improper pressure, other unlawful conduct or threats of such conduct, the punishment is increased by two to three degrees.
The provision is therefore capable of becoming relevant in situations involving more than literal physical confinement. Whether particular restrictions amount to an offence will always depend on the evidence, the elder's wishes and capacity, the reasons for the restrictions and the conduct of the persons concerned.
One of the recurring difficulties surrounding elder abuse is that the victim may be particularly poorly placed to report what is happening.
An elderly person may depend upon the alleged perpetrator for accommodation, transport, food, medication, financial management or daily care. There may also be fear of retaliation, embarrassment, cognitive impairment or reluctance to make allegations against a son, daughter, spouse or other close relative.
Research into elder abuse has therefore repeatedly identified underreporting as a significant problem. The research material supplied for this article notes that barriers to reporting may include fear of further abuse, reluctance to report a family member or carer, infirmity, shame and the isolation of the victim from persons who could otherwise assist.
This makes the role of relatives, medical professionals, carers and other persons having regular contact with an elderly individual particularly important in identifying unusual circumstances.
There is rarely one fact which conclusively establishes elder abuse.
Concerns may instead arise from a combination of circumstances: unexplained injuries; sudden deterioration in hygiene or physical condition; dehydration or malnutrition; unexplained changes in medication; unusual withdrawals or transfers of money; changes in control over bank accounts; unexplained disposal of property; the sudden involvement of another person in all financial affairs; restriction of telephone calls or visits; unusual fear or anxiety around a particular person; or a marked and unexplained isolation from family and friends.
None of these circumstances necessarily proves criminal conduct. However, a pattern of unexplained changes may justify further investigation.
Where there is a reasonable suspicion that an elderly person is being abused, the appropriate response will depend on the circumstances and the immediacy of the risk involved.
Where criminal conduct is suspected, a report or formal complaint may be made to the Police. Medical documentation, photographs, correspondence, banking records, statements, records from residential facilities and evidence from persons who had contact with the victim may become important when the allegations are investigated.
Financial abuse cases in particular may require a careful reconstruction of transactions over a period of time. Similarly, cases involving neglect may depend heavily upon medical records and evidence concerning the elderly person's condition before, during and after the period in which he or she was under the alleged perpetrator's care.
Legal advice at an early stage can therefore be important, both for assessing whether the known facts potentially disclose criminal offences and for identifying and preserving the evidence required to substantiate the complaint.
The law relating to elder abuse ultimately protects more than an elderly person's physical health.
It protects that person's dignity, autonomy, liberty, property and right to live without exploitation or unjustifiable suffering.
Malta's Criminal Code recognises that abuse may arise through violence, neglect, psychological suffering, financial exploitation or unlawful restriction of freedom. It also recognises that the relationship between an elderly person and his or her carer, relative or trusted person can create particular opportunities for exploitation.
For families and professionals, the essential point is that suspicious conduct should not be dismissed simply because it occurs within a family or caregiving relationship. Where there is genuine reason to believe that an elderly person's safety, health, liberty or assets are being compromised, the circumstances should be examined carefully and, where appropriate, reported and legally addressed.
This article is intended solely for general informational purposes and does not constitute legal advice. The application of Maltese law depends on the particular facts and circumstances of each case and specific legal advice should be obtained where required.
Should you require advice or assistance in relation to litigation, criminal proceedings or a matter concerning suspected abuse of an elderly person, you may contact the author, Dr Marcus Degiorgio, at marcus@dingli.com.mt, or the firm's Litigation Team at litigation@dingli.com.mt.