Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 376
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.
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.