Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 534AC

Official PDF on legislation.mt

534AC. (1) Saving the provisions of articles 355AC, 451 and 516(2) where the suspect does not speak or understand the langu age of the criminal proceedings, as the case may be, he shall be provided, without unreasonable delay, with interpretation in th e course of the said proceedings , including during police questio ning. (2) Interpretation shall be mad e available for communications between the suspect or the accused and their legal counsel in d irect connection with any qu estioning or hearing during the proceedin gs or with the lodging of an appeal or other procedural applicatio ns. (3) The right to interpretation under sub-articles (1) and (2) shall apply to persons suffering from hearing or speech impediments. (4) It shall be the duty of the Executive Police and of the Cour t, as the case may be, to ascertain whether the suspect or the acc used speak and understand the language of the criminal proceedings a nd whether they need the assis tance of an interpreter. (5) Nothing in this article shall be construed as precluding the suspect or the accused to demand that any decision finding, at any stage of the criminal proceedi ngs, that there is no need for interpretation be reviewed and, when interpretation has been provided, the possibility to complain that the quality of the interpretation is not sufficient to safeguard the fairness of t he proceedings. (6) Interpretation provided under this article shall be of a quality sufficient to safeguard the fairness of the proceedings , in particular by ensuring that th e suspect or the accused has knowledge of the case against him and is able to exercise his r ight of defence. Right to translation of essential documents. Added by: IV .2014.25.

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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.