Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 545

Official PDF on legislation.mt

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.

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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.