Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 390
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.
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.