Criminal Code (Cap. 9), article 432

432. (1) The Attorney General shall be allowed the term of one month for the filing of the indictment, to run from the day the Attorney General is granted acce ss by electronic means to the r ecord referred to in the last preceding article. The said term shall, on the demand of the Attorney General, be extended by the court to an additional period of fifteen days, and, on the expiration of th is other period, by the President of Malta to a further additional period of fifteen days, and, where the matter is such that the determination of the true nature of the offence necessarily dep ends upon the lapse of a longer peri od of time, to such longer perio d: Provided, however, that where such longer period extends beyond forty days, the accused shall have the right to be relea sed on bail. Power of Attorney General to send back record of inquiry. (2) If the record of inquiry is found to be defective through th e non-observance of any of the provisions of this Code or of any other law relating to such inquiry, the Attorney General may fi le a demand in writing that the court proceed afresh with the inquir y or that the record be rectified, according to circumstances, point ing out the defect and the relative provisions of this Code or of s uch other law. Term for completing fresh inquiry or for rectifying record of inquiry. (3) The court shall, within the term of five (5) working days wh ich shall run from the day on which the demand is filed by the Atto rney General, which term may, upon a demand in writing by the court and on a just cause being shown, may be extended by the President o f Malta to a further period of five (5) working days, conclude th e fresh inquiry or rectify the record, a nd shall grant the Attorney Gen eral access by electronic means to the s aid record; and in such case the term for filing the indictment shall commence to run from the d ay on which the Attorney General shall have been given access to the record of the fresh inquiry or th e record as rectified. 284 CAP . 9.] CRIMINAL CODE Power of Attorney General to discharge person accused, Amended by: IV .1856.32; L.N. 46 of 1965; XXV .1967.5; LVIII.1974.68; XXVII.1975.40; XIII.1980.17; VIII.1990.3; VI.2007.4; IV .2023.10.