Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 499

Official PDF on legislation.mt

499. (1) An appeal shall lie to the Court of Criminal Appeal at the instance of the Attorney Gen eral or of the accused from any decision given, after the reading out of the indictment and bef ore the accused pleads to the general issue of guilty or not guilty , on any of the pleas referred to in article 449(1)( a), ( b), ( c), ( d) and ( g) and from any decision regarding the admissibili ty of evidence. (2) An appeal shall also lie at the instance of the accused from any decision given, on an application of the Attorney General, under article 402(5) or from any decision given, after the read ing out of the indictment and before the accused pleads to the gene ral issue of guilty or not guilty, on any of the pleas referred to in article 449(1)( e) and ( f). (3) Where the Attorney General or, as the case may be, the accused desires to enter an appeal under sub-article (1) or (2) he must give notice of appeal by mean s of a note immediately after the decision of the court is pronounced and thereupon the court, if the case so requires, shall stay further proceedings until the expi ration of the time allowed as hereinafter provided for the appeal or, if an appeal is entered, until the determination thereof by the Court of Criminal Appeal. (4) An appeal under sub-article (1) or (2) shall be made by application filed in the Court of Criminal Appeal within five working days from the date o f the decision appealed from. (5) Any appeal made under this article by the Attorney General shall not stay the execution of the deci sion appealed from. (6) On any appeal under this ar ticle, the Court of Criminal Appeal shall, if it allows the a ppeal, set aside the decision a ppealed from and make such order for the discharge of the accused or th e further prosecution of the proceed ings or make such other order s including orders for the re-arrest or custody of the person acc used or give such other directions as the case may require. (7) The default of the accused to make an appeal under this article shall not preclude him fro m raising the question which he could have raised by any such appeal in any appeal which he may make under the next following article. CRIMINAL CODE [CAP. 9. 311 Appeals against conviction or sentence. Added by: XXV .1967.18. Amended by: III.2002.116; IV .2014.23; VIII.2015.33; XXXII.2018.7.

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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.