Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 480

Official PDF on legislation.mt

480. (1) It shall be lawful for the court, in order to assist the jury in the discharge of their functions, to give to the jury, through the registrar, one or more written questions, which shall be by the registrar signed and read out in open court, respecting the mat ters upon which, in the various cases referred to in articles 467, 4 75, 477 and 488, the jury are empowe red or bound to enter a verdict . (2) It shall be lawful for the court to make, where necessary, the said questions, either orally or in writing, even after the jury, in answer to the question whether the accused is guilty of the off ence as stated in the indictment, have found the accused not guilty of such offence or have found him guilty but not in terms of the indictment. 306 CAP . 9.] CRIMINAL CODE Power of jury to refer to court the decision on points of law. (3) If any doubt arises on any question of law upon the determination of which might depend the finding of the jury as to whether the accused is guilty of the offence stated in the indictment, or of any other offe nce as provided in article 467, or whether the facts adduced in the defence constitute an excuse according to law, it shall be in the power of the jury, if they so desire, instead of finding the accused guilty or not guilty, or that an excuse has or has not been proved, to find only, upon written questions given to them by the court for the purpose, that the facts or some of the facts adduced either against or in favour of the accused have or have not been pr oved, and to leave to the court to determine whether the facts found by the jury constitute the of fence stated in the indictment or any other offence under the provisi ons of the said article 467 or an excuse according to law. (4) The court shall pronounce judgment on any question so referred to it by the jury on the same day or on any other day after hearing the Attorney General and the accused or his advocate in the manner provided in article 490. Separate verdict in respect of each offence and of each accused.

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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.