Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 923

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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.

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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.