Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 371

Official PDF on legislation.mt

371. (1) In determining the jurisdiction, regard shall be had to the alleged offence and not to a ny extenuating circumstances, e ven though, by reason of any such extenuating circumstances, the accused shall not be liable to pun ishment or there may be a des cent from a higher to a lesser punishment. In such case the provisio ns contained in article 389 and f ollowing articles shall apply. (2) Nevertheless, the Court of M agistrates shall be competent to try - (a) any crime committed by any person under eighteen years of age or by any deaf-mute where the punishment awardable according to law does not exceed the jurisdiction of such court; (b) any crime excusable according to law where, in the opinion of the Attorney General, the grounds for the excuse appear from the reco rd of the inquiry and the punishment awardable according to law does not exceed the jurisdiction of such court: Provided, in either case, that no other person is simultaneously charged with the crime, whether as principal or accomplice, or that the crime is not otherwise connected with a ny other crime outside the jurisdiction of such court; (c) any theft aggravated by "means", but not also by "violence", or by "person" or by "the nature of the thing stolen", when the value of the thing stolen does not exceed eleven euro and sixty-five cents (€11.65) and, in the opinion of the Atto rney General, the crime would be adequately punished with imprisonment for a term not exceeding six mont hs with or without a fine (multa ). How jurisdiction between the Courts of Magistrates is determined. Added by: XI.1900.61. Amended by: XII.1913.12; VIII.1990.3.

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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.