Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 543
543. It shall be lawful for the P olice to institute proceedings
even without the complaint of the private party in any of the
following cases:
(a) in the case of crimes for which the law does not
expressly provide that the complaint of the private
party is requisite;
(b) in the case of any offence co nsisting in the carrying of
prohibited weapons, or in the case of any offence
against any law relating to fishing, vehicles, or boats,
or to any art or trade;
(c) in the case of any offence committed against a person
who, by reason of physical or mental infirmity, is
incapable of instituting criminal proceedings, even
though such offence be one in respect of which, if
committed against any other person, the complaint of
the private party would be requisite;
(d) in the case of any offence affecting public order or the
community in general;
(e) in the case of any offence involving domestic violence:
Cap. 581.
Provided that for the purposes of this paragraph
"domestic violence" shall have the same meaning
assigned to it by article 2 of the Gender-Based
Violence and Domestic Violence Act :
Provided further that it shall be lawful, after
proceedings have commen ced before the court in
virtue of this article for an offence mentioned in this
paragraph, for an alleged victim of an offence
involving domestic violence to request the court to
stay proceedings against the alleged perpetrator, and
when such a request is made the court may decide and
direct the continuation of proceedings against the
alleged perpetrator, giving particular consideration to
the best interests of the complainant, any minors
involved, and any other relevant third parties, and shall
cause such request and decision to be registered in the
records of the case.
(f) in the case of rape as d efined in ar ticle 198:
CRIMINAL CODE [CAP. 9. 347
Provided that it shall be lawful, after proceedings have
commenced before the court in virtue of this article for an
offence mentioned in this paragraph, for an alleged
victim to request the court to stay proceedings against the
alleged perpetrator, however, if such request is made, the
court may decide to continue the proceedings against the
perpetrator, giving particular consideration to the best
interests of the complainant, any minors involved, and
any other releva nt third parties.
Cases in which
complaint of
private party is
requisite.
Amended by:
II.1886.10;
VIII.1909.52;
II.1973.7;
XX.2005.21;
XXII.2005.8
Substituted by:
XIII.2018.24
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.