Criminal Code (Cap. 9), article 372

372. (1) The jurisdiction as betw een the Courts of Magistrates shall be determined - (a) by the place where the offence has been committed; or (b) if there is only one accused person or if, there being two or more accused persons, they all reside in Malta, or all reside in Gozo or Comino, by the place of his or their residence. (2) If a person is charged with two or more offences committed in different Islands, such person shall be tried by the court w ithin the territorial jurisdiction of which the graver offence or, if the CRIMINAL CODE [CAP. 9. 251 offences are of equal gravity, the greater number of offences h as been committed. (3) If the place where the off ence was committed is unknown and the accused is one, or the accused are two or more, residin g, however, within the limits of the jurisdiction of the same cour t, the jurisdiction shall be solely determined by the place of his or their residence; or if the persons accused reside in different Island s, the jurisdiction as between the courts shall be determined by the p lace of residence of the majority of the persons accused; or if the number of the accused residing in Malta and the number of the accused residing in Gozo or Comino be the same, either court sh all be competent to try all the accused. Waiver of plea to the jurisdiction. (4) The plea to the jurisdiction by reason of the place where th e offence has been committed or o f the place of residence of the offender may be waived, and, if not raised immediately after th e statement of the facts constituting the offence, it shall be de emed to be abandoned. Proceedings on complaint of injured party. Amended by: XI.1900.62; I.1903.20, 21; VIII.1909.35; VIII.1990.3; III.2002.82.