Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 366C

Official PDF on legislation.mt

366C. (1) As long as a suspect or accused person has not been proven guilty according to law, public statements made by publi c authorities and judicial decisions, other than those on guilt, shall not refer to that person as being guilty: Provided that the provisions of this article shall be without prejudice to: (i) acts of the Attorney General, the Police or other public authorities having prosecuting powers which aim to prove the guilt of the suspect or accused person; (ii) preliminary decisions of a procedural nature taken by a magistrate, a judge or by any other competent authority and which are based on suspicion or on incriminating evidence; (iii) the right of public authorities to publicly disseminate information on criminal pro ceedings where this is strictly necessary for reasons relating to the criminal investigation or to the public interest. (2) Any person who alleges that his rights under this article or this Sub-title have been breached shall have a right to file an application in the Court of Magi strates within ten days, from t he date of the fact which allegedly gave rise to the breach, to demand a finding of such a breach and an appropriate remedy: Provided that when a person stands accused before a court the application referred to in t his sub-article shall be filed before the court where that p erson stands accused. Presentation of suspects and accused persons. Added by: XXXII.2018.6. 366D . Suspects and accused persons shall not be presented in court or in public as being guilty, through the use of measures of physical restraint: Provided that nothing in this article or in article 443 shall prevent the police or any court from applying measures of physi cal restraint that may be required in any particular case for reaso ns relating to security or to the prevention of suspects or accuse d persons from absconding or from having contact with other persons. Right to silence and not to incriminate oneself. Added by: XXXII.2018.6.

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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.