Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 545
545. (1) When proceedings cannot b e instituted except on the
complaint of the private party, the complainant may, at any tim e
before final judgment is delivered, waive his complaint.
Non-acceptance
of waiver.
(2) The party charged or accused may object to any such
waiver, in which case the trial shall be proceeded with as if t he
complaint had not been waived.
Frivolous or
vexatious
complaint.
(3) If the complaint is waived after the opening of the trial an d
it appears that the complaint is frivolous or vexatious, or mad e with
the object of extorting money or other effects, or of making an y
other gain, the court may, notwithstanding the waiver, proceed to
deliver judgment, acquitting th e person charged or accused and
directing that proceedings be ins tituted against the complainan t, in
accordance with the provisions of article 528:
Provided that if the complaint does not amount to any of the
offences specified in the said a rticle, it shall be lawful for the court
to sentence the complainant to detention or to a fine ( multa or
ammenda ), according to the g ravity of the case.
TITLE II
OF INQUIRIES RELATING TO THE " IN GENERE ",
INQUESTS AND " REPERTI "
348 CAP . 9.] CRIMINAL CODE
Investigation
relating to the
"in genere".
Substituted by:
III.1971.16.
Amended by:
XIII.1980.19;
XIII.1983.5;
XXIX.1990.24;
III.2002.130;
XXII.2005.9;
XVI.2006.12;
L.N. 407 of
2007;
XXXIV .2014.17;
XIX.2023.2;
XXXIII.2024.
First Schedule;
VIII.2025.4.
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.