Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 368
368. (1) No magistrate may be challenged or may abstain from
taking cognizance of any cause, ex cept immediately after the re port
or complaint and for any of the reasons set out in paragraphs ( a),
(b), (c) and (e) and, so far as applicable, article 734(d) of the Code
of Organization and Civil Procedure or on the ground that he has
given or is to give evidence as a witness in the cause, or on t he
ground that the cause is in respect of an offence committed to his
prejudice or to the prejudice of his spouse or of any other per son
related to him by consanguinity or affinity in any of the degre es
mentioned in paragraphs ( a) and (b) of the said article.
(2) Nor may any magistrate be challenged or abstain from
taking cognizance of any cause in the cases mentioned in articl e
403 and article 433(5) notwithstanding that during the inquiry the
248 CAP . 9.] CRIMINAL CODE
magistrate may have conferred wi th the Police or with any membe r
thereof or with the Attorney General in connection with the
collection of evidence.
(3) If upon hearing the report or complaint, the magistrate is o f
opinion that there exists in his respect any of the reasons afo resaid,
he shall make a statement thereof before proceeding further wit h
the cause.
(4) None of the above reasons shall debar any magistrate from
issuing any warrant or performing any act in connection with an y
inquiry relating to the " in genere ", or any inquest or " repertus " held
in accordance with the pro visions of this Code.
Duties of
registrar.
Added by:
VI.1871.28.
Amended by:
XI.1900.58;
VIII.1990.3.
Substituted by:
XXIV .1995.360;
XXXI.2002.199.
Cap. 12.
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.