Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 401
401. (1) The inquiry shall be concluded within the term of one
(1) month which may, upon good cause being shown, be extended
by the President of Malta for further periods each of one (1) m onth,
each such extension being made upon a demand in writing by the
court:
Provided that the said term sh all not in the aggregate be so
extended to more than three months:
Provided further that unless bail has been granted, the
accused shall be brought before th e court at least once every f ifteen
days in order that the court may decide whether he should again be
remanded in custody.
Committal or
discharge of
accused.
(2) On the conclusion of the in quiry, the court shall decide
whether there are or not sufficient grounds for committing the
accused for trial on indictment. In the first case, the court s hall
commit the accused for trial by the Criminal Court, and, in the
second case, it shall order his discharge.
Record to be
transmitted to
Attorney
General.
(3) In either case, the court shall order that the Attorney Gene ral be
granted access by electronic means to a scanned copy of the rec ord of
the inquiry, together with all the exhibits related to the case, within three
(3) working days.
Electronic
transmission of
documents of the
proceedings to the
Attorney General.
(3A) Where the court has committed the accused for trial by the
Criminal Court, the court shall, besides giving the order menti oned in
sub-article (3), adjourn the case to another date, being a date not
earlier than one (1) month but not later than six (6) weeks fro m the
date of the adjournment. The court shall also adjourn the case as
aforesaid to a date falling afte r the court shall have received the note of
referral according to sub-article (2) of article 405 from the A ttorney
General and falling before the date when it shall grant access again by
electronic means to the record of the inquiry together with all the
exhibits and documents in the cas e to the Attorney General in t erms of
CRIMINAL CODE [CAP. 9. 265
any provision of this Code.
(4) In deciding whether there are or not sufficient grounds for
committing the accused for trial on indictment the court shall not
consider any question of prescription or any plea as is mention ed in
article 449(1)( d).
(5) During the term stipulated in sub-article (3A), the Criminal
Court shall be competent to decide on demands that are filed du ring
the said term.
Suspension of
term for inquiry,
Added by:
IV .1856.29.
Amended by:
XI.1900.67;
L.N. 46 of 1965;
XXV .1967.2;
LVIII.1974.68;
XXVII.1975.40;
XXIX.1990.19;
XXIV .2014.55;
V .2022.5.
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.