Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 376

Official PDF on legislation.mt

376. (1) The magistrate shall take d own or cause the registrar to take down - (a) any plea to the jurisdiction of the court, or of inadmissibility or extinguishment of action, or of inadmissibility of any evidence as well as any order rejecting such evidence; and (b) where the court shall deem it expedient so to do, or where a request is made by any of the parties and the court shall see fit to accede to such request, the substance of the evidence given by the witnesses, recording any expression h aving a direct bearing on the merits of the case. Reading over of deposition to witnesses. (2) The notes of the depositions taken down as aforesaid, if any, shall in the presence of the parties be read over to the witnesses and a mention of such fact shall be en tered in the re cord. Non-observance of provisions of sub-articles (1) and (2) not to affect validity of proceedings. Production of other evidence. Recalling witnesses. (3) The non-observance of any of the provisions of sub-articles (1) and (2) shall not affect the validity of the proceedings; n or shall such non-observance be a bar to the production, where necessary , at any part or stage of the proceedings, of evidence to prove, in the manner prescribed by law, the facts to which the said provision s refer, or to the recalling of the said witnesses. Judgment. Amended by: XI.1900.62; I.1903.22; VIII.1909.36; XII.1913.14; XXXIII.1972.5; XIII.1983.5; III.2002.83; L.N. 407 of 2007.

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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.