Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 522
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.
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.