Police vs Alape Nino — Theft From Vehicle in Ħal-Luqa

Defendant pleaded guilty to stealing goods worth between €232.94 and €2,329.37 from a vehicle in a public place; received a suspended sentence and a Protection Order.

Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Antoine Agius Bonnici · 15 April 2026

On 13 April 2026, between 3:00 PM and 6:00 PM, Jose Armando Alape Nino committed a theft from a vehicle parked on Triq il-Biedja, Ħal-Luqa, or elsewhere in Malta. The stolen items or money had a value exceeding €232.94 but not exceeding €2,329.37, and the theft was aggravated by the fact that it was committed from a vehicle in a public or publicly accessible place. The victim was identified as Erica Carabott. The case was brought before the Court of Magistrates just two days after the alleged offence, on 15 April 2026. The Attorney General gave consent under Article 370(4) of the Criminal Code for the matter to be dealt with by summary procedure. The defendant, after being given adequate time to consult his lawyer and being solemnly warned of the legal consequences, entered an early guilty plea and confirmed it before the court. The court accepted the guilty plea as lawfully made, finding no reason to doubt its validity. It noted that the prosecution confirmed the defendant had already returned the stolen items, which triggered the mitigating provisions of Article 337(2) of the Criminal Code. The early admission of guilt was also treated as a mitigating factor in sentencing. The court found the defendant guilty and sentenced him to five months' imprisonment, suspended for one year under Article 28A of the Criminal Code. Additionally, the court issued a Protection Order under Article 412Ċ of the Criminal Code in favour of victim Erica Carabott, lasting one year, with specific conditions annexed to the judgment. The Attorney General was also ordered to receive scanned copies of the case record and sentence within six working days.

Jose Armando Alape Nino found guilty of aggravated theft from a vehicle. Sentenced to 5 months' imprisonment, suspended for 1 year (Article 28A, Criminal Code). A Protection Order issued in favour of victim Erica Carabott for a period of 1 year (Article 412Ċ, Criminal Code). Stolen items previously returned by the defendant.

• Under Article 337(2) of the Criminal Code, the restitution of stolen goods by the accused can be applied as a mitigating factor and reduce the sentence imposed.
• An early guilty plea, combined with restitution, can result in a suspended sentence even for aggravated theft offences in Maltese law.
• Article 28A of the Criminal Code allows Maltese courts to suspend custodial sentences, giving defendants a chance to avoid imprisonment if they comply with conditions during the suspension period.
• Theft from a vehicle in a public or publicly accessible place constitutes an aggravated form of theft under the Criminal Code, attracting a higher sentencing range than simple theft.
• Maltese courts may issue Protection Orders under Article 412Ċ of the Criminal Code to safeguard victims, even in property crime cases where the victim and accused are known to each other.

Criminal Code, Chapter 9 of the Laws of Malta — Articles 261(c)(g), 267, 279(a), 280(1), 337(2), 28A, 412Ċ, 370(4), 370(6), 392A(2)

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