Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 435
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.
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.