🛡️ Can I use force against a burglar who breaks into my home in Malta?

With conditions

Quick answer

Yes, you can defend yourself or another person with force — but that defence must be proportionate and necessary, not revenge. The Criminal Code (Cap. 9), in Article 223, says that no offence is committed when a homicide or bodily harm is imposed by the actual necessity of lawful self-defence of oneself or of another. Article 224 lists cases where defence is justified: repelling, during the night, the breaking or scaling of the walls or entrance doors of an inhabited house, or defending against theft with violence or an attempt at it. But strict conditions always apply: the danger must be unjust, grave and inevitable (sudden, actual and not avoidable by other means), and the force proportionate to the threat. The double myth: on one side "you can't touch a burglar or you'll go to prison," and on the other "my home, I can do as I like" — both are wrong. You cannot kill or seriously harm merely to protect property without violence; but faced with a real threat to your life or body, proportionate defence is protected by law.

📋 The rules

Article 223 of Cap. 9: no offence is committed when harm is imposed by the actual necessity of lawful self-defence of yourself or another.
Article 224 justifies defence when repelling, at night, the breaking of an inhabited house, or against theft with violence or defence of chastity.
The danger must be unjust, grave and inevitable — sudden, actual, and not avoidable by other means.
The force used must be proportionate to the threat; excessive force loses the protection of lawful defence.
Protecting property alone (without violence against the person) does not justify killing or seriously harming.

🔓 Exceptions

If instead of avoiding a confrontation you could reasonably have avoided, you go to seek it out, the element of inevitability is lost and the defence no longer holds.
Once the threat has passed — the intruder flees or is no longer an actual danger — any later action becomes revenge, not defence.
Even in the Article 224 cases, the court considers whether the force was proportionate; the law gives no "carte blanche" inside the home.

⚠️ Penalties & fines

Lawful defence, when proved, is a complete defence — you are exempt from criminal responsibility. But if the court finds the force was excessive, or that the danger was not grave and inevitable, the same act can become bodily harm or even homicide, with prison sentences according to gravity. The burden of showing you acted in lawful defence falls on you, and details such as whether you called 112, whether the intruder was armed, and at what time it all happened become decisive. Even if you are eventually cleared, you can go through arrest, questioning and long, costly proceedings. On the civil side, harm that goes beyond defence can lead to a claim for damages. The practical advice: defend yourself only as long as necessary, do not seek the confrontation, call 112 early, and let the Police take over as soon as you are safe.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

If a burglar breaks into my home, can I hurt him?

You may defend yourself and your family with proportionate force if there is a real danger to the person, and Article 224 even mentions the breaking of an inhabited house at night. But the force must remain necessary and proportionate; you cannot keep harming someone who is no longer a threat.

Is it true that in Malta you go to prison if you touch a burglar?

No, that is a half-truth: lawful defence is recognised by the Criminal Code and, when proved, frees you entirely from responsibility. The problem only arises when the force is excessive or when the defence becomes revenge after the danger has passed.

Can I kill to protect my property?

Protecting property alone, without a threat of violence against the person, does not justify killing or seriously harming someone. The law treats life and the body as grave, but simple theft without violence is not among the cases that justify fatal force.

What does it mean that force must be proportionate?

It means your response must be reasonable compared with the threat you were facing at that moment. A reaction that goes far beyond what was needed to stop the danger loses the protection of lawful defence and can become an offence.

What should I do after defending myself?

As soon as you are safe, call 112, get medical help if needed, and report everything to the Police honestly. Keeping a record — calls, witnesses, injuries — helps a great deal, because the burden of showing you acted in lawful defence falls on you.

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