Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 511
511. (1) If, during the hearing of the appeal, any of the sitting
judges dies or becomes ill, another judge shall be surrogated a s
provided under article 498 and all proceedings shall take place
anew if the court, in the interests of justice, shall so deem f it or if
the accused makes a demand to that effect:
Provided that the proceedings shall in any case take place
anew where the surrogated judges are two or more:
P r o v i d e d f u r t h e r t h a t i t s h a l l n o t b e l a w f u l t o r a i s e a g a i n
any objection to a judge sitting in the court which has been al ready
decided or any question on which the court has already given
judgment before the surrogation of the judge or judges has take n
place.
(2) If the Attorney General or c ounsel delegated by him dies or
becomes ill or if the advocate for the appellant dies or become s ill
or if the appellant himself becom es ill, during the hearing of the
appeal, it shall be within the discretion of the court as the i nterests
of justice may require to order that all proceeding shall take place
anew:
318 CAP . 9.] CRIMINAL CODE
Provided that in the case of the death of the advocate for the
appellant or in the case of illness of such advocate and substi tution
by another advocate, all proceedings shall always take place an ew
if the appellant makes a demand to that effect.
Provisions as to
proceedings
before Court of
Criminal
Appeal.
Added by:
XXV .1967.18.
Amended by:
XXI.1971.27;
XXVII.1975.32;
XIII.1983.5;
III.2002.122;
L.N. 407 of
2007.
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.