Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 380
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.
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.