Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 435

Official PDF on legislation.mt

435. (1) It shall be lawful for the Attorney General to collect and produce further evidence besides that resulting from the inquiry: P r o v i d e d t h a t h e m a y n o t i n c l u d e i n t h e i n d i c t m e n t a n y charge for any offence, not founded on the said inquiry. (2) Where as a result of such f urther evidence collected as aforesaid, the Attorney General becomes aware of some other offence not included in the inquiry, the Attorney General shall file a demand to the Court of Magistrates, and such court shall contin ue the inquiry and shall proceed in respect of such other offence. In any such case the terms for the conclusion of the inquiry, the transmission of the record and the filing of the indictment sha ll commence to run anew, the first te rm commencing from the day on which the record is sent back to the Court of Magistrates. (3) Where such other offence not included in the inquiry as aforesaid shall be altogether separate and distinct from the of fence or offences included in the inquiry, a new and separate inquiry shall, on the demand of the Attorney General, be held in regard to such other offence. (4) Any demand of the Attorney General under the provisions of this article shall be made in writing. Special powers of investigation. Added by: III.2002.102. Amended by: VI.2024.6.

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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.