Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 410

Official PDF on legislation.mt

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.

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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.