Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 522

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522. (1) The court may in its discret ion guide back to the truth any witness, who shall prevaricat e in his evidence, by warning him, or by keeping him apart, or even by ordering his arrest. (2) Any witness who refuses to be sworn or to depose when so required by the court shall, on conviction, be liable to a fine (multa ) of not less than two thousand and three hundred euro (€2,300) a nd not more than four thousand and six hundred euro (€4,600) or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. (3) The court before whom a witness refuses to be sworn or to depose shall order the arrest of the witness and shall order th e Police to bring the witness befor e the competent court within f orty- eight hours from arrest charged with an offence under sub-artic le (2). (4) Where the witness charged as mentioned in sub-article (3), at any time before final judgement is given in his regard, give s his deposition under oath before the court before whom it is requir ed and at a stage when it may still be received by the court, that witness shall not be liable to the punishment of imprisonment b ut shall be liable, on conviction, to the punishment of a fine ( multa ) CRIMINAL CODE [CAP. 9. 323 not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69). (5) Any criminal proceedings in pursuance of an order of the court under sub-article (3) shall be conducted with urgency. Where false evidence is suspected. Amended by: XXV .1967.21; XXVII.1975. 40; VIII.1990.3.

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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.