Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 49
49. (1) A person is deemed to be a recidivist if, after being
sentenced for any offence by a judgement, even when delivered by
a foreign court, which has become res judicata, he commits another
offence.
(2) In any proceedings under or for the purposes of this article,
a document, duly authenticated, which certifies that a person was
convicted on a date specified in the document of an offence against
the law of that State, or part of that State, shall be admissible as
evidence of the fact and date of the conviction without any need for
further evidence.
(3) A document shall be deemed to be duly authenticated if one
of the following conditions applies:
(a) it purports to be signed by a judge, magistrate or
officer of the sentencing State; or
(b) it purports to be certified, whether by seal or
otherwise, by the Ministry, department or other
authority responsible for justice or for foreign affairs
of the sentencing State; or
(c) it purports to be authenticated by the oath, declaration
or affirmation of a witness.
(4) Any document which is to be sent in connection with
proceedings under this article may be transmitted by any secure
means capable of producing written records and under conditions
permitting the ascertainment of its authenticity.
(5) In this article, "oath" includes an affirmation or a
declaration; and nothing in this article shall be construed as
prejudicing the admission in evidence of any document which is
admissible in evidence under any other provision of law.
Effect of
previous
conviction for
crime.
Amended by:
XI.1900.14.
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.