Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 923
923. ( 1 ) T h e C i v i l C o u r t , F i r s t H a l l , s h a l l d e p r i v e o f s u c h
benefit the person admitted to p roceed with the benefit of lega l aid
if it is shown that he possesse s capital or income exceeding th at
established for the grant of legal aid.
Person deprived of
benefit may be
guilty of contempt
of court.
(2) If it is shown that he knowingly possessed such capital or
income at the time the benefit of legal aid was granted or that he
knowingly had an increase in h is financial circumstances pendente
lite thereby possessing such capital or income in excess of that
established for the grant of legal aid and had failed to report the
same to the Civil Court, First Hall, then it shall be lawful fo r the
said court to condemn him for contempt of court:
Provided that no contempt proceedings shall be taken by
the said court if such a person is liable to legal proceedings for
perjury, and the said court has ordered that he be forthwith ar rested,
and that a copy of the acts be transmitted without delay, throu gh the
registrar, to the Court of Magis trates in order that proceeding s may
be taken according to law.
(3) The Civil Court, First Hall, shall also deprive the applican t
of such benefit if he is proceeding vexatiously.
(4) In all cases in which the applicant for the benefit of legal
aid has been deprived of such benefit, he shall be liable perso nally
for all the costs of the proceedings to which he would have bee n
liable if the benefit of legal aid had not been granted to him.
258 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Penalty for
advocate or legal
procurator refusing
his aid without just
cause.
Amended by:
XXIII.1971.51;
XXIV .1995.338.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.