Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 397
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.
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.