Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 458

Official PDF on legislation.mt

458. (1) When the case for the prosecution is concluded, the accused shall be asked what he has to state in his defence. He shall have the right to make his defence, either personally or by an advocate, and to call and examine his witnesses in the manner provided in the last preceding article, and to produce any othe r evidence he may have to offer. Where accused is assisted by more than one advocate. (2) If the accused is assisted by more than one advocate, such advocates may divide the duties between them in such a manner that one will make the defence and the other will make the rejoinder, when this is allowed, or, that one will make the def ence and rejoinder and the other will examine the witnesses; but nei ther of them may address the court or the jury after the defence or rejoinder has been made by the other; and the provisions of thi s sub-article shall apply to every other stage of the proceedings in which the accused is assisted by more than one advocate. Accused may make his own defence. (3) It shall also be lawful for the accused either to make his own defence and leave to his advocate the rejoinder, when this is allowed, or to make the rejoinder notwithstanding that his defe nce was made by his advocate. Applicability of article 458.

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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.