Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 401

Official PDF on legislation.mt

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.

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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.