Appeal court quashed the lower court judgment for a procedural defect, then retried the case and convicted Balzan of all charges except Article 50 recidivism, imposing a suspended sentence.
Court of Criminal Appeal · Hon. Madam Justice Natasha Galea Sciberras B.A., LL.D · 29 April 2026
On the night of 14–15 May 2023, police were called to a bar in St. Paul's Bay after Zsanett Balzan, a foreign national holding a Maltese residence permit, was reportedly causing havoc on the premises. Bodycam footage showed her visibly intoxicated, with slurred speech and impaired motor control, refusing police orders to leave and declining to provide her name or identification documents. She admitted in her own statement that she had been drunk. When Sergeant PS 1526 ordered her arrest to preserve public order, Balzan resisted getting into the police car, was handcuffed, and kicked PC 465 Jean Cremona in the face. During the journey to Qawra Police Station she hurled insults and threats at officers, banged her head against the vehicle door, and continued her aggressive behaviour at the station — at one point spitting at PC 2375 who was trying to calm her. She was later taken to Mater Dei hospital, where she continued kicking PC 533 Dario Camilleri in the head, arms and stomach. The Court of Magistrates had convicted Balzan of all eight charges and sentenced her to six months imprisonment and a €5,000 fine, also forfeiting a €7,000 personal bail guarantee. On appeal, Justice Natasha Galea Sciberras quashed that judgment on a procedural ground: the lower court had cited only Article 221 of the Criminal Code for the bodily harm charge, omitting Article 214, the article that actually creates the offence. Under Article 382 of the Criminal Code, a conviction must cite the article creating the offence, and the omission rendered the judgment null. Proceeding to decide the merits afresh, the Court of Criminal Appeal found all charges proved by bodycam evidence and sworn affidavits. The only partial acquittal concerned recidivism: the court accepted Article 49 recidivism (prior conviction on record) but not Article 50 (which requires proof the prior fine was actually paid, evidence that was missing). Noting positive reports from a social worker and probation officer about Balzan's rehabilitation efforts, the court suspended the six-month prison term for two years, maintained the €5,000 fine, and reduced the bail guarantee forfeiture from €7,000 to €3,500. The court also remarked that the conduct of PS 1526 and PC 465 — who used blasphemous and foul language — warranted further investigation.
Zsanett Balzan found guilty of charges 1–8 (except Article 50 recidivism, of which she was acquitted). Sentence: 6 months imprisonment suspended for 2 years (Article 28A Criminal Code); fine (multa) of €5,000; forfeiture of €3,500 out of the €7,000 personal bail guarantee in favour of the Government of Malta. Original lower-court judgment quashed for procedural nullity under Article 428(3) Criminal Code.
Criminal Code Ch. 9 — Articles 95 (vilification/threats to public officer), 96 (assault on public officer), 214 & 221(1) (slight bodily harm), 338(g) (refusal to give particulars), 338(dd) (disturbing public order), 338(ee) (disobeying lawful orders), 338(ff) (drunk and incapable), 579(2) (bail breach/forfeiture), 49 & 50 (recidivism), 382 (formal requirements of judgment), 428(3) (appeal powers), 28A (suspended sentence)