Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 391
391. (1) The witnesses shall be examined by the court. The
name and surname of the witne ss, the name and surname of the
parents and, if the witness is a person to whom articles 4, 9 a nd 13
of the Identity Card and other Identity Documents Act , applies, the
number, if known to the witness, of his legally valid identific ation
document issued under the said Act, as well as the place of bir th
and abode of the witness and the language in which he shall hav e
deposed, shall be noted down at the head of every deposition:
Provided that the court may, in exceptional circumstances
and to provide for the safety of the witness, omit the above
particulars, other than the name and surname of the witness and the
language in which he shall have deposed, making a note to that
effect in the record of the proceedings.
Employment of
interpreter.
(2) If the magistrate is conversant with the language spoken by
the witness, he may himself tr anslate the deposition into the
language in which the writt en proceedings are conducted;
otherwise, or at the request of the accused, a sworn interprete r shall
be employed.
(3) Where the witness is a minor under the age of eighteen (18)
years the witness shall be exa mined and cross-examined in one
sitting and his testimony shall be recorded by audio-visual mea ns.
The audio-visual recording shall form part of the record of the
proceedings:
Provided that for special and exceptional reasons which
arise after the witness has given his testimony the Court may
authorize the hearing of the witness in a subsequent sitting.
Examination of
accused.
Amended by:
IV .1856.28;
IV .1874.10;
XIII.1980.14;
IV .1994.12;
XXIII.2017 .15.
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.