Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 517
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court of criminal inquiry, and is not repealed by such court be fore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repealed by the Criminal Court, after the expiration of the ter m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.
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.