Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 362

Official PDF on legislation.mt

362. (1) The summons shall be delivered to the person whose appearance is required, and if such person cannot conveniently be met with, the summons shall be delivered at his usual place of abode. In either case, the officer serving the same shall make a report thereof to the court. (2) The Minister responsible for justice after consulting with the Minister responsible for the police may make regulations providing, in summary proceedings as those mentioned in article 360A(1), for the service of the summons and of any accompanying documents, and of any other act of the proceedings, by post or in any other manner as may be provided in the regulations. (3) Where the person to whom a summons or other act of the proceedings is addressed in accordance with any regulations made under sub-article (2) refuses to receive it the court may by means of a decree upon an application by the Police and after examining the certificate of service declare that person to have been duly served with the summons or with that other act and make an order for his arrest. (4) Where any person, other than the person to whom a summons or other act of the proceedings is addressed, refuses to receive the summons or that other act personally the court may, u p o n a n ap p l i c a t i on b y t he P o l i c e a n d a f t e r e x a m in i n g t he certificate of service and satisfying itself that that person is a person in whose hands the summons or that other act may be lawfully served, sentence that person to a fine (ammenda): Provided that the Court may, at any time, on just cause being shown, remit the fine (ammenda). (5) The provisions of sub-articles (3) and (4) shall mutatis mutandis apply to the service of the summons and of any accompanying documents whenever a person is to be served with any summons and with any accompanying documents in accordance with any other provision of this Code or of any other law. Time and place for service of summons. Amended by: XXX.1934.3; XIX.1965.18. Substituted by: IV.2014.19.

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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.