Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 366B
366B. (1) The burden of proof for establishing the guilt of
suspects or accused persons s hall lie with the prosecution:
Provided that the provisions of this article shall be without
prejudice to:
(a) the proviso to sub-article (5) of article 39 of the
Constitution ;
246 CAP . 9.] CRIMINAL CODE
(b) any obligation of a judge, magistrate or any court
or tribunal to seek both inculpa tory and exculpatory evidence;
(c) the right of the defence to submit any evidence
according to law.
(2) Any reasonable doubt as to the question of guilt shall
benefit the suspect or accused person including where the court
assesses whether an accused person should be acquitted.
Public
references to
guilt.
Added by:
XXXII.2018.6.
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.