Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 397

Official PDF on legislation.mt

397. (1) The court may order the attendance of any witness and the production of any evidence which it may deem necessary, as well as the issue of any summons or warrant of arrest agains t any other principal or accomplice whom the court may discover. The court may likewise order any in quest, search, experiment, the taking of any sample and any other measure or thing necessary f or the fullest investigation of the case. Examination of body. (2) The court may also, under such safeguards as it may consider necessary for the purpo se of decency, examine or order to be examined by experts any part of the body of the accused or o f the party on whom or with whom the offence is alleged to have been committed, if the court is of opinion that from such examination a proof might result either against or in favour of the accused. Photographs, measurements and finger-print impressions. (3) The court may, moreover, at the request of the Attorney General or the Police, order that any accused person be photographed or measured or th at his finger-prints be taken: Provided that when an accused person, who has not been previously convicted of crime, is acquitted, all photographs (b oth negatives and prints), finger-pr int impressions, and records of measurements so taken, shall be destroyed or handed over to the person acquitted. (4) The photographs, finger-print impressions and measure- CRIMINAL CODE [CAP. 9. 263 ments referred to in the last preceding sub-article shall be ta ken in accordance with such regulations as may from time to time be ma de by the Minister resp onsible for justice. Arrest of accused not in custody. (5) The court may also order the arrest of the accused not already in custody. How and where alterations, corrections, or additions may be made.

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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.