Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 380

Official PDF on legislation.mt

380. (1) In the case of proceedings instituted on the complaint of the injured or aggrieved party, including the cases referred to in article 374( c) and (d), the court shall also decide as to the costs and, where the persons sentenced are two or more, the court sha ll direct whether such costs are to be borne by them jointly or severally. Fees of advocates or legal procurators. (2) The fees of the advocate or legal procurator for either part y shall be taxed by the court in t he judgment itself at a rate ra nging from fifty-eight cents (€0.58) to one euro and forty cents (€1. 40) for every sitting. (3) The provision of sub-article (2) shall apply also in the cas es referred to in article 374( c) and (d), as well as in the case where the complainant waives the action, i f the advocates or legal procur ators of the parties have appeared at the trial. CRIMINAL CODE [CAP. 9. 255 Successful party may only recover fees of one advocate or legal procurator. (4) If more than one advocate or legal procurator appear on behalf of any of the parties, suc h party may only recover from the unsuccessful party the fee of one advocate or legal procurator. Frivolous or vexatious complaint. (5) Where the complaint is evidently frivolous or vexatious, it shall be lawful for the court, at the request of the defendant, to sentence the complainant to a fine ( ammenda ), and in default of payment of such fine ( ammenda ), the provisions contained in article 13(2) shall apply. Taxation and recovery of registry fees. (6) The registry fees shall be taxed and levied in accordance with the scale in Schedules A and B annexed to this Code. How payment of costs may be enforced. Amended by: XI.1900.63; VIII.1909.39.

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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.