Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 440
440. (1) The record of the inquiry, documents and exhibits
filed in the registry of the court by the Attorney General or t he
accused shall be accessible to the Attorney General and to the
accused or his advocate or legal procurator.
Preservation of
documents, etc.,
by registrar.
(2) The registrar shall take th e necessary precautions for the
preservation of all the documents, exhibits, and record in the state
in which they are at the mom ent in which they are filed.
Inadmissibility
of witnesses,
etc., without
leave of court.
(3) No witness, document or exhibit, which is not indicated in
the lists or filed as provided in article 438, may be produced at the
trial, without special leave of the court.
When leave is
granted.
(4) Leave shall only be granted i f the evidence is considered to
be relevant, and the Attorney G eneral or the party accused shal l not
have been prejudiced by the omission from the said list or by t he
default of filing within the t erm specified in article 438.
Powers of court.(5) Nevertheless, if in the cours e of the trial, the necessity o r
utility shall arise of examining any witness or of having for a ctual
inspection any document or exhibit not indicated in the list of any
of the parties, the court may ex officio cause such witness to be
called and examined, or cause the document or exhibit which was
not indicated in the list, to be produced.
Summoning of
witnesses.
Amended by:
IX.1859.24;
V .1868.26;
XI.1900.75;
L.N. 46 of 1965;
LVIII.1974.68;
VIII.1990.3;
XXIV .1995.362;
III.2002.104.
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.