Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 390

Official PDF on legislation.mt

390. (1) The court shall hear the charges read by the Attorney General or the officer of the Ex ecutive Police and the report o f the Police officer on oath, shall examine, without oath the party a ccused and shall hear the evidence in support of the charges read. Eve rything shall be reduced to writing. Taking down of evidence on behalf of accused. (2) The court shall examine and reduce to writing the evidence adduced on behalf of the accused. Accused may request the production of the complaint. (3) In cases where no proceedings can be instituted except on the complaint of the injured party, the accused may, even befor e he is examined, demand the production of the complaint, if the complaint was made in writing, or of other evidence of the complaint, if it was made orally. (4) The attendance of the complai nant shall not be necessary to prove the complaint, if from other evidence it appears to the satisfaction of the court that the complaint was made. Presumptive evidence of complaint. (5) If, in the course of the in quiry, the accused shall not have demanded nor the court ex officio shall have ordered the production of evidence of the complaint, the complaint shall be presumed t o have been made according to law. 258 CAP . 9.] CRIMINAL CODE (6) The court may, having regard to the circumstances of the case, ex officio , order that the answers given by the witness, or the substance thereof, be taken down in shorthand by means of stenographers appointed for the purpose or be recorded by electromagnetic means. Shorthand notes shall be taken down in indelible ink and signed on each page by the stenographers and shall, together with the transcript, be inserted in original in the record. The electromagnetic recording shall be transcribed unde r the direction of the registrar a nd the transcript shall be inse rted in the record. In either case, the t ranscript may be handwritten o r typewritten and shall be read over to the witness, during or af ter the sitting, by the registrar who shall make a note of such reading at the foot of the transcript. Examination of witnesses. Amended by: V .1868.22; I.1903.23; XXX.1934.5; VIII.1944.2; XXXII.1965.8; IV .1994.11; XVI.2006.8; L.N. 426 of 2012; XXIII.2017 .14. V .2024.6. Cap. 258.

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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.