Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 371
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.
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.