Police vs Salerno — Domestic Violence, Threats and Electronic Harassment

Italian national convicted of domestic violence, bodily harm with an irregular weapon, and electronic threats against a partner, receiving a 2-year probation order and restraining order.

Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Tanya Sammut LL.D., M.A (Fin. Serv) Dip.Trib. Eccl. Melit · 5 February 2026

Giuseppe Salerno, a 27-year-old Italian national residing in Malta, was charged in connection with a series of incidents that took place between 3 and 9 January 2026 in Rabat, Malta, and possibly other locations in the Maltese islands. The charges related to his former partner, Britney Falzon, and included causing her fear of violence, voluntarily causing her bodily harm of a mild nature using an irregular weapon, insulting and threatening her, and sending threatening and improper messages via electronic communication devices. The case proceeded summarily with the consent of both the Attorney General and the accused. Salerno entered a voluntary and unconditional admission of guilt to all five charges brought against him. The court, as required by Article 392A(1) of Chapter 9, solemnly warned Salerno of the legal consequences of his admission, granted him time to reconsider and re-consult with his lawyer, yet he confirmed his guilty plea without reservation. In determining the appropriate sentence, the court weighed several mitigating factors in Salerno's favour: his early admission of guilt, his cooperation with the police, his clean criminal record, and the fact that he is the father of two minor children and has resided in Malta for approximately ten years. The prosecution itself confirmed that a custodial sentence would not be appropriate in the circumstances, and that the victim's primary interest was that Salerno have absolutely no contact with her whatsoever. The court accordingly sentenced Salerno to a two-year probation order under Chapter 446 of the Laws of Malta, issued a two-year restraining order for the protection of Britney Falzon, and imposed a fine of €1,000 for the electronic communication offences. The court also transmitted the sentence and probation order to the Director of Probation Services for immediate assignment of a probation officer to supervise Salerno.

Giuseppe Salerno found guilty on all five charges. Sentenced to: (1) a 2-year Probation Order under Article 7(1) of Chapter 446 of the Laws of Malta, with conditions set out in an annexed decree; (2) a 2-year Restraining Order (Ordni ta' Trażżin) under Article 382A of Chapter 9 for the protection of Britney Falzon — breach carries a fine of up to €7,000 and/or up to 2 years' imprisonment; (3) a fine of €1,000 payable within 2 months for the electronic threats and misuse of electronic communication (Charges 4 and 5 under Article 49(a) and (c) of Chapter 399). No expert costs awarded as no experts were appointed in proceedings.

• Under Article 392A(1) of the Maltese Criminal Code, a court must solemnly warn an accused of the legal consequences of a guilty plea and allow time to reconsider with legal counsel before the admission can be acted upon — this safeguard applies even in summary proceedings.
• Maltese law (Article 382A, Chapter 9) allows courts to issue Restraining Orders (Ordni ta' Trażżin) as part of a criminal sentence; breach can result in a fine of up to €7,000 and/or up to 2 years' imprisonment, making these orders enforceable criminal instruments, not merely civil protective measures.
• The use of an 'irregular weapon' during the commission of an assault is a statutory aggravating circumstance under Article 222A(7) of the Criminal Code, capable of increasing the gravity of what would otherwise be classified as a minor bodily harm offence.
• Domestic violence offences committed in the presence of minors or against a partner are treated as aggravated under Article 202(h)(vi) of the Criminal Code, attracting enhanced penalties.
• Probation under Chapter 446 of the Laws of Malta is available as an alternative to imprisonment even in cases involving violence, particularly where the prosecution itself does not seek custody, the accused cooperates, and the victim's interests centre on separation and non-contact rather than incarceration.

Criminal Code Ch. 9 — Articles 17, 214, 221(1), 222A(7), 251(3), 251HA, 202(e), 202(h)(i)(v)(vi), 339(1)(e), 382A, 392A(1), 532A, 532B, 533; Electronic Communications (Regulation) Act Ch. 399 — Article 49(a)(c); Probation Act Ch. 446 — Article 7

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