Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 392
392. (1) The examination of the accused referred to in article
390(1), shall, without threat or promise, and without oath, be made
in the following manner:
(a) the court shall ask him his name and surname, his age,
his place of birth and abode, his trade, profession or
calling, the name and surname of his parents and
whether his parents are alive or dead;
(b) the court shall ask the accused if and what he wishes to
reply to the charge.
CRIMINAL CODE [CAP. 9. 259
Caution to
accused.
(2) Before asking any of the abov e questions, the court shall
explain to the accused the nature of the charge preferred again st
him and shall inform him that he is not obliged to answer any
question nor to incriminate himself; that he may, if he so desi res, be
assisted by advocates or legal pr ocurators and that whatever he says
may be received in evidence against him.
(3) The court shall note down a t the head of the examination
that the requirements of the las t preceding sub-article have be en
complied with.
Taking down of
answers.
(4) The answers shall be taken down by the magistrate in the
manner provided in article 391, stating the language in which t hey
are given.
Accused
standing mute.
(5) If the accused stands mute, t he court shall note down the
circumstance and shal l proceed with the case as if the accused had
pleaded not guilty.
Admission of
guilt by the
accused during
the examination.
Added by:
III.2002.85.
Amended by:
IX.2003.128;
IV .2014.21;
VIII.2015.28;
V .2022.2.
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.