Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 503

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503. (1) A person in whose case a verdict of not guilty on the ground of his insanity at the time of the act or omission charg ed is returned, may appeal a gainst the verdict and on any such appeal the same provision as contained in article 501(1) shall mutatis mutandis, subject as hereinafter provided, apply. (2) Where apart from this article - (a) an appeal against a verdict such as is mentioned in sub-article (1) would fall to be allowed, and 314 CAP . 9.] CRIMINAL CODE (b) none of the grounds for allowing it relates to the question of the insanity of the accused, the Court of Criminal Appeal may dismiss the appeal if of opini on that, but for the insanity of the accused, the proper verdict w ould have been that he was guilty of an offence other than the offen ce charged. (3) In the case of an appeal unde r sub-article (1) the appeal may be heard and determined in th e absence of the appellant and , if he is not assisted by an advocat e, the provisions of article 51 9 shall apply. (4) Where in accordance with sub -article (1) an appeal is allowed - (a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand and the Court of Criminal Appeal is of opinion that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the court shall substitute for the verdict of not guilty on the ground of insanity a verdict of guilty of that offence, and shall have the like powers of punishing or otherwise dea ling with the accused as the court before which he was tried would have had if the jury had come to the s ubstituted verdict; (b) in any other case, the Court of Criminal Appeal shall substitute for the verdict of the jury a verdict of acquittal: Provided that where the offe nce mentioned in paragraph ( a) is one for which the sentence is fixed by law, the sentence sha ll (whatever the circumstances) be one of imprisonment for life or for a term not less th an twelve years. (5) The term of any sentence passed by the Court of Criminal Appeal in the exercise of the po wers conferred by sub-article ( 4)(a) shall, unless the court otherwis e directs, begin to run from th e time when it would have begun to run if passed in the proceedings in the Criminal Court. Form and time for entering appeal. Added by: XXV .1967.18.

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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.