Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 410
410. (1) In any proceedin gs instituted by th e Attorney General
or by the Executive Police on the complaint of the injured part y, it
shall be lawful for the complain ant to be present at the procee dings,
to engage an advocate or a lega l procurator to assist him, to
examine or cross-examine witnesses and to produce, in support o f
the charge, such other evidence as the court may consider
admissible.
270 CAP . 9.] CRIMINAL CODE
Examination on
oath of
complainant.
(2) Where the complainant is to be heard on oath, his evidence
shall be taken before that of any other witness of the prosecut ion,
saving the case where, in the op inion of the court, his evidenc e
becomes necessary even at a later stage of the proceedings, or
where the accused applies for such evidence at any stage of the
proceedings, or where the court sees fit to vary the course of the
taking of the evidence.
Police and party
injured may be
assisted by
advocate or legal
procurator.
(3) In any proceedings institut ed by the Executive Police ex
officio , it shall be lawful for the Police and for the party injured t o
engage an advocate or a legal procurator to assist them; such
advocate or legal procurator may examine or cross-examine
witnesses, produce evidence or make, in support of the charge, any
other submission which the court may consider admissible.
Injured party
may be present
in court during
sittings.
(4) Without prejudice to the provisions of sub-article (3) and
subject to the provisions of sub- article (6), any party injured having
an interest in being present du ring any proceedings instituted by the
Executive Police shall have the r ight to communicate that inter est
to the police giving his or her particulars and residential add ress
whereupon that injured party shall be served with a notice of t he
date, place and time of the firs t hearing in tho se proceedings and
shall have the right to be prese nt in court during that and all
subsequent hearings even if he is a witness.
(5) Without prejudice to the provisions of sub-article (3) and
subject to the provisions of s ub-article (6), any person not se rved
with the notice referred to in sub-article (4) and claiming to be an
injured party may apply to the court to be admitted into the
proceedings as an injured party and if his claim that he is an injured
party is allowed by the court that person shall thereupon have the
right to be present at all subsequent hearings even if he is a witness.
(6) The failure to serve the injured party with the notice of th e
date of the first hearing after an attempt has been made to tha t
effect or the absence for any r eason of the injured party at an y
sitting shall not pr eclude the court from proceeding with the t rial or
inquiry until its conclusion.
Taxation of fees
of advocate or
legal procurator
in proceedings
instituted by the
Police.
Added by:
XVI.1921.6.
Cap. 12.
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.