How Malta is using a 19th century law to target homelessness

Malta is one of the few European Union countries that still uses antiquated laws dating back to 1854 to crack down on the homeless.

Most member states have either abolished similar laws or had them ruled as being unconstitutional by a court.

Over the past four months, 35 homeless individuals have been subjected to police raids and charged in court for being homeless. Most were also charged with begging. Between 2016 and 2019, MaltaToday reported that 29 people were charged under these laws.

Malta’s Criminal Code states, under article 338(w) and (x), any person “who leads an idle and vagrant life” and/or “importunes any person to beg alms” is guilty of a contravention against public order, which can land someone up to two months imprisonment.

The law punishing vagrancy was introduced with the codification of Malta’s Criminal Code in 1854 and was last amended in 1918, while the law on begging was introduced in 1966.

Article 338 (W) and (X) of Malta’s criminal code. Photo: Leġiżlazzjoni Malta

Home Affairs Minister Byron Camilleri defended the June arrests, saying the individuals were not targeted for being homeless but because they had frightened members of the public.

But the law does not make this differentiation.

Croatia, Hungary share similar laws

Within the EU, Croatia has a very similar law to Malta’s. Croatia’s Public Order and Peace Act states that whoever engages in “vagrancy or begging” could be fined up to €100 and imprisoned for up to 30 days.

Hungary began to crack down on the homeless when prime minister Viktor Orban returned to office in 2010. The right-wing leader first made using public spaces as a habitual dwelling illegal in specific areas.

But in 2018, the government took it a step further, making additional legislative amendments that established a nation-wide constitutional ban on habitual dwelling in a public space.

The United Kingdom still has a Vagrancy Act from 1824, but in June, the government confirmed that it will repeal the 200-year-old law, which is barely enforced today, by the spring of next year. 

“The Government will be repealing the Act to ensure rough sleeping is no longer a criminal offence, as it concentrates its efforts on getting to the root causes of homelessness, backed by major funding,” a statement read.

Otherwise, many EU countries that used to have laws which simply punished people for being homeless or begging were repealed decades ago.

To mention a few cases, between 1975 and 1994, Germany, Austria, Finland, Belgium, and France repealed the offences of vagrancy and begging.

Ireland still has a Vagrancy Act, but in 2007, the Irish High Court ruled that section three of the act, which found begging or anyone placing themselves in a public place an offence, is unconstitutional. This ruling struck down the law and made it unenforceable. 

Years later, in 2011, Ireland enacted a new law on begging that focused on prosecuting only those who begged aggressively and banned begging in particular locations.

Italy acted similarly. The criminalisation of begging was removed in 1999, after a constitutional court ruled that simply asking for money should not be seen as a crime. But in 2018, the Italian government reintroduced a new law, which only punishes beggars who harass people.

The most recent ruling in the EU happened in 2022 in Bulgaria, where a constitutional court, again, ruled that part of Bulgaria’s criminal code, which lists idlers and beggars as being offences, was deemed unconstitutional.

Following news of a group of homeless people that were arrested in June, YMCA Malta told Times of Malta that attendance at its drop-in centre had reduced rapidly.

The NGO also reported it provided shelter to 180 individuals in the first half of 2025 and received nearly 300 cases of homelessness as the demand for support surges.

Last month, a Times of Malta investigation uncovered how cheap synthetic “cannabis” is fuelling drug addiction among the homeless. These users have nowhere to go as shelters have a strict zero-tolerance policy on drug usage.

Earlier this year, a study found that most drug users admitted to Mount Carmel Hospital are seeking help for homelessness and unemployment rather than psychotic illness.