Criminal Code (Cap. 9), article 402

402. (1) The terms referred to in th e last preceding article, in article 407 and in article 432(3) shall be held in abeyance - in case of insanity of accused, (a) if it is alleged or if there is reason to believe that the accused was insane at the time of the offence or that he is insane at the time of the inquiry; in case of illness of accused, (b) if the accused owing to illness or for any other cause, is unable to appear; in case of the taking of evidence by commission, (c) if there has been any order for the examination of any witness or for any other process of the inquiry under article 399; (d) when the court accedes to a request made in terms of article 46(3) of the Constitution . (2) Such terms may also be held in abeyance - in case of illness of witnesses, (a) if any witness is so infirm as to be unable to give evidence even in hi s place of abode; in case where accused cannot be found. (b) if the accused cannot be fo und and there is reason to believe that he has absconded or left Malta. Appointment of experts. (3) In the case referred to in sub-article (1)( a), the court shall appoint one or more experts to e xamine the accused and the fact s relating to the alleged insanity. Insanity at the time of the offence. (4) If from the report of the exp erts, it appears that the accus ed was insane at the time of the commission of the offence, the co urt shall order that the Attorney General shall be given access by electronic means to a scanned c opy of the record of the inquiry within three (3) working days and shall make an order a s provided in a rticle 623. Contestation of insanity by Attorney General. (5) If, upon receipt of the s canned record by electronic means, the Attorney General decides to contest the finding of t he experts that the accused was insane, he may, within the term prescribed in article 432(1), req uest that the inquiry into the merits of the case be proceeded with, or file an application before th e Criminal Court submitting the issue to that court, so that acti on 266 CAP . 9.] CRIMINAL CODE may be taken as provided in articles 620, 627 and 628: Provided that the Attorney General shall file such application if the accused by application to the court of criminal inquiry makes a request to that effect before access to the scanned record by e lectronic means is granted to the Attorney General in terms of the last p receding sub-article. Insanity at the time of the inquiry. (6) If from the report of the exp erts, it appears that the accus ed was insane at the time of the inquiry, the court shall proceed with the inquiry into the merits of the charge. Inquiry may be continued in the absence of the accused. (7) In the cases referred to in sub-articles (5) and (6), the inquiry may be continued in the absence of the accused, and if he is not assisted by an advocate or l egal procurator, the provisions of article 519 shall apply. Terms under article 402(1) to run anew. Added by: XXXI.2007.17.