Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 377

Official PDF on legislation.mt

377. (1) When the hearing is concl uded, the court shall, on the same day, if conveniently practicable, deliver judgment either discharging or sentencing the accused. Applicability of s.403(2). (2) Where the offence established by the evidence is one in respect of which the prosecution lies with the injured party, t he provision contained in article 403(2) shall apply. Court may order offender to abate nuisance. (3) The court may, notwithstanding any punishment to which it may sentence the offender, order him to remove any nuisance or inconvenience to which the offence relates, or, according to circumstances, to conform with the law, within a time, sufficie nt for the purpose but in any case not exceeding three months from the 254 CAP . 9.] CRIMINAL CODE date of the judgment, to be fixed by the court; and, if the off ender fails to comply with any such order within the time so fixed, h e shall be guilty of an offence and shall, on conviction, be liab le to a fine ( ammenda ) of not less than four euro and sixty-six cents (€4.66) and not more than twenty-three euro and twenty-nine cents (€23. 29) for every day during which the default continues after the expiration of the said time. Extension of time-limit. (4) The court shall not grant any application for the extension of the time fixed under the last preceding sub-article if such time and the time of the extension ex ceed in the aggregate three mon ths and the Police oppos e such extension. Abatement of nuisance by Police at the expense of offender. (5) The court shall, upon an application to that effect by the Police at any time after that a p erson has been found guilty of an offence, in the event of a supervening cause or, in any other c ase, after the expiry of the time-limit granted by the court under s ub- article (3) or (4) hereof, auth orise the Police to remove any nuisance or inconvenience to which the offence relates at the expense of the offender, in whic h case the offender may be made to refund the expense under a warr ant issued by the said court. Court may allow offender to retract his words or apologize.

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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.