Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 517

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517. (1) Every court of criminal ju stice may, by an order to be signed by the registrar and posted up at the door of the buildi ng in which the court sits, prohibit the publication, before the termination of the proceedings, of any writing, whether printed or not, in respect of the offence to which the proceedings refer, or of the party charged or accused; and any person who fails to compl y with the order, shall, for the mere default, be guilty of conte mpt of the authority of the court, and be liable to punishment as prov ided in article 686, saving always any other punishment to which the offender may be liable according to law, in respect of any othe r offence arising from the said writing or from its publication: Provided that in respect of such other offence separate proceedings must be instit uted, according to law. Duration of prohibition. (2) If any such order is made by the Court of Magistrates as court of criminal inquiry, and is not repealed by such court be fore the termination of the inquiry, it shall remain in force until it is repealed by the Criminal Court, after the expiration of the ter m allowed for the filing of the in dictment by the Attorney Genera l, by another order signed by the registrar and affixed in the same p lace where the first order was posted up. Duties of Police. (3) If the Attorney General or the Police become aware of the publication of any writing in contravention of this article, th ey shall inform the court by which the order of prohibition was ma de and shall carry out such directio ns as the court shall give, or ally or in writing, for proceedings to be taken before the court agains t the offender, either by summons or by arrest. Court by which breach of order is cognizable. (4) The Criminal Court or Court of Criminal Appeal may delegate to the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as court of criminal judicature, the cogniz ance of the offence, in which case th e latter court shall proceed as if the order to which the offence rela tes had been made by itself. Inadmissibility of objection to judge or magistrate making the order. (5) No objection may be taken against any judge or magistrate on the ground that he was the sitting judge or magistrate when the order, to which the offence relates, was made. Publication of certain particulars permissible. (6) Nevertheless, the publisher of any writing containing only a true copy of the charge or of the indictment, or a mere indicat ion of the day appointed for the heari ng of the cause, shall not be li able to punishment, provided that nothing be thereto added, implying an expression of opinion on the sai d cause, whether in regard to t he offence in general or in regard to the individual who committed the offence. CRIMINAL CODE [CAP. 9. 321 Accessibility of acts and documents of courts of criminal justice. Amended by: VIII.1909.49; XIII.1980.18; XXIX.1990.21; IV .1994.14; III.2002.124. XXIX. 2021.3; VII.2024. 2; VIII.2025.3.

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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.