Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 501

Official PDF on legislation.mt

501. (1) On any appeal against conviction by the person convicted, the Court of Criminal Appeal shall allow the appeal - (a) i f i t t h i n k s t h a t t h e a p p e l l a n t h a s b e e n w r o n g l y convicted on the facts of the case; or (b) if it thinks that there has been an irregularity during the proceedings, or a wrong interpretation or application of the law, which could have had a bearing on the verdict: Provided that the court may, notwithstanding that it is of opinion that the point raised in the appeal under paragraph ( b) might be decided in favour of the appellant, dismiss the appeal if it considers that no mi scarriage of justice has actually occurred. (2) Subject to the provisions of the next following article and of article 508(1), the Court of Criminal Appeal shall, if it al lows an appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered. (3) On an appeal against sentence by the person convicted, the Court of Criminal Appeal shall, if it thinks that a different s entence should have been passed, quash t he sentence passed at the trial , and pass such other sentence warranted in law by the verdict (not b eing a sentence of greater severity) in substitution therefor as it thinks ought to have been passed, and in any other case shall dismiss the appeal. CRIMINAL CODE [CAP. 9. 313 Powers of Court of Criminal Appeal in special cases. Added by: XXV .1967.18. Amended by: XXVII.1975.30. XXXII.2018.9.

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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.