Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 366C
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.
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.