Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 392

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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.

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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.