Criminal Code (Cap. 9), article 546

546. (1) Saving the provisions of the next following sub- articles, upon the receipt of any report, information or compla int in regard to any offence liable to the punishment of imprisonment exceeding three years, and if the subject-matter of the offence still exists, the state thereof, wit h each and every particular, shal l, upon a request which may only be made to the Magistrate by the Attorne y General or the Executive Police, be described, and the instrume nt, as well as the manner in which suc h instrument may have produced the effect, shall be indicated. For the purpose of any such investigation, an inquest on the spot shall be held: Provided that where it results that the fact in respect of which an investigation was not held under this sub-article constituted an offence liable to the punishment mentioned in th is sub-article the failure to hold an investigation under this sub -article shall not, for that reason alone, prejudice in any way whatsoev er the institution or continuation of criminal proceedings for tha t offence or the admissibility of any evidence of that offence in those proceedings. (2) The holding of an inquest may be dispensed with by the magistrate to whom the report, information or complaint referre d to in the last preceding sub-article is made, if the fact to be investigated is breaking for the purpose of article 263( a) as defined in the first paragraph of article 264(1) and if the theft to wh ich the breaking relates or may relate, is in respect of things whose v alue does not exceed twenty-three euro and twenty-nine cents (€23.29 ), although it may be aggravated as mentioned in article 261( a), (b), (d), (e), (f) and ( g), or any amongst them, even if the fact is likely to constitute an offence liable to the punishment of imprisonme nt exceeding three years: Provided that the decision of a magistrate not to hold an inquest under this sub-article shall not preclude, in respect o f the fact or facts in relation to whi ch such decision was taken, the institution or continuation of criminal proceedings for an offe nce which is more serious, either owing to its nature or to the amo unt involved or for any reason whatsoever, than the offences referr ed to in this sub-article. (3) Where the offence to be inve stigated is theft, other than theft with violence against the person, the magistrate may, ins tead of holding in person an inquest on the spot, direct a Police of ficer not below the rank of inspector t o establish the relevant facts , and the officer so appointed and any photographer or other expert assisting him shall give evidence at the inquiry on the facts investigated and established by them and shall produce all photographs taken and all other articles or documents relevant to their investigation. Cap. 646. (3A) (a) Where the principal factual elements are matters relating to health and safety at work such as in the case of in voluntary homicide or involuntary bodily harm arising out of a fact which happened at work and which are such that entitle the Occupation al Health and Safety Authority to carry out an investigation in ac cordance with paragraph (g) of sub-article (3) of article 9 of the Health and CRIMINAL CODE [CAP. 9. 349 Safety at Work Act , the Magistrate shall as soon as practicable notify the Authority of the inquest and shall allow the said Authority to participate by delegating not more than two (2) of its officers so as to be present during the inquest on the spot and during the hearing o f witnesses if and as may be decided by the Magistrate, and, or f ollowing he inquest on the spot by the Magi strate to accede on site as m ay be necessary after informing the Magistrate. If so requested by th e Magistrate, the officers shall file a report for the considerat ion of the Magistrate which shall form part of the procès-verbal of the inquest. (b) Any officer of the Occupational Health and Safety Authority who participates in the inquest in accordance with paragraph (a) shall abide only with the directions of the Magistrate with regard to the execution of his functions in the inquest and shall be bound by the duty of confidentiality in the same manner as the persons who assist the Magistrate in the inquest are so bound. (c) In this sub-article: Cap. 646. "Occupational Health and Safety Authority" or "Authority" m e a n s t h e O c c u p a t i o n a l H e a l t h a n d S a f e t y Authority established by article 4 of the Health and Safety at Work Act ; Cap. 646. "work place" and "officer" shall have the same meaning assigned to them in the Health and Safety at Work Act . (3B) (a) Where: (i) the functions of a public authority under any law require that such authority shall or may be able to investigate the site of an incident about which an inquest is also held under this article; and (ii) such public authority is designated by the Minister responsible for justice by order in the Gazette as a public authority to which this sub- article applies, such designated public authority shall inform the Magistrate of its need to execute its functions at the place of the incident and it shall request to be granted access to such plac e and to any exhibits, documents or witnesses involved in the inquest, as may be necessary for the proper execution of its functions acco rding to law. (b) The Magistrate shall grant such access as may be requested in accordance with paragraph (a), which may be made subject to such conditions or limitations as the Magistrate may determ ine to be necessary in the circumstances, after giving due consideration to the n e e d t o e n a b l e t h e r e q u e s t i n g p u b l i c a u t h o r i t y t o perform its legal functions, with due regard to maintaining the integrity and efficiency of the conduct of the inquest and of any investigations carried out by the said public authority. 350 CAP . 9.] CRIMINAL CODE (4) The report, the information or the complaint referred to in sub-article (1) and in article 551(1) may be laid verbally befo re the magistrate but in every case the same report, information or complaint shall be laid in writing before the magistrate within the period of two working days from the day on which they were laid verbally: Provided that the magistrate may, when he deems it proper so to do, proceed in accordance w ith the provisions of this Tit le notwithstanding that the report, the information, or the compla int are not laid in writing within the said period. (4A)* (a) (i) Any person who makes a report, information or a complaint to the Executive Police in regard to an offence liable to the punishment of imprisonment exceeding three years, and if th e subject matter of the offence still exists, may at the same tim e request the opening of an inquest on the request of a private party on a suspected person in accordance w ith the provisions of this sub- article; (ii) an inquest upon the request of a private party on a suspected person shall only be carried out upon the suspected person but it shall be regulated by the provisions which regulate inquests commenced in accordance with sub-article (1), except as otherwise pro vided in this article; (iii) any person making a request in accordance with this sub-article for the opening of an inquest as aforesaid shall confirm on oath in the report, information or complaint who the person suspected to have committed the offence (hereinafter in this article referred to as "the suspect") is, the act all egedly committed by the suspect, which offen ces were allegedly c o m m i t t e d b y t h e s a i d p e r s o n , a n d t h e connection between the acts allegedly committed by the suspect and the offence allegedly committed, and shall together with the report, information or complaint present any evidence on the basis of which that person is putting forward his request. (b) Upon receiving a report, i nformation or a complaint accompanied by a request for the opening of an inquest in accordance with paragraph (a), the Executive Police shall investigate an d shall decide if: (i) there are grounds to initiate a prosecution; (ii) there are no grou nds for prosecution; (iii) the case merits further investigation by the Executive Police; (iv) an inquest upon the request of a private party on a suspected person should be opened in accordance *Vide Article 11 of Act VIII of 2025 . CRIMINAL CODE [CAP. 9. 351 with the provisions of this sub-article. (c) If following an investigation, the Executive Police decide that there are grounds for initiating a prosecution or that there are no grounds to initiate a prosecution, it shall refer the case and the acts of its investigation to the Attorn ey General for a decision whether a prosecution should be commenced. (d) Where the Attorney General decides that there are no grounds to initiate a pros ecution, the Atto rney General may: (i) order the Executive Police to pursue the investigation; or (ii) order that the person making the report, information or the complaint and the person therein indicated a s the suspected person be notified of the decision not to prosecu te, and in that case the provisions of article 541(4) shall apply. (e) The person who made the report, information or complaint together with a request for the opening of an inquest in accordance with paragraph (a), may at any time after the lapse of six months from when he shall have made the report, information or complaint and provided that: (i) a prosecution shall not have been initiated against the suspected person; or (ii) a decision not to pros ecute the suspected person shall not have been taken; or (iii) an inquest upon the request of a private party on a suspected person under this sub-article shall not have been opened, file an application in the Criminal Court requesting that the Court shall order the Executive Police to transmit the report, information or complaint to the Magistrate for the commencement of an inquest in terms of paragraph (a), which shall only be carri ed out on the actions of the suspected person. (f) When it receives an application in terms of paragraph (e), the Criminal Court shall consider the proof admissible as evidence before a court of criminal jurisdiction, and it s hall for this purpose: (i) hear the evidence of the Executive Police in court behind closed doors about the i nvestigation procedures; and (ii) hear behind closed doors the person who made the report, information or compl aint, as well as every suspecte d 352 CAP . 9.] CRIMINAL CODE person and, any other witness that may be put forward by them: Provided that after considering the proof admissible as evidence that was produced an d the cross-examinations and submissions of the interested pa rties, with the right to legal assistance and all the safeguards resulting from the law applicable to investigations of a criminal nature, and whilst following the c riteria stipulated in paragraph (g), the Criminal Court shall proceed t o decide to: (i) allow a further time for the conclusion of the investigation of the Executive Police; or (ii) terminate the proceedings by declaring the investigation closed; or (iii) accede to the request o f the person who made the report, information or complaint for the opening of an inquest upon the request of a private party on a suspected person: Provided further that if the Court allows a further time period for the conclusion of the investigation of the Executive Police it shall set a date for the continuation of the hearing and it may on that date proceed in accordance with par agraphs (i), (ii) or (iii) o f the first proviso. (g) The Criminal Court shall decide to order the opening of an inquest in accordance with paragraph (a) of this sub-article only if it results to it, on a balance of probabilities on the basis of proof admissible as evidence before a court of criminal jurisdiction, that the alleged offences could have been committed by the suspected person. (h) If the Criminal Court orders that an inquest upon a request o f a p r i v a t e p a r t y o n a s u s p e c t e d p e r s o n b e c o m m e n c e d , the Executive Police shall wi thin three working days from when such order is given request the Registrar of Criminal Courts and Tribunals to proceed for the opening of an inquest, by the assignment o f a Magistrate according to sub-article (4C). (i) An inquest held under this sub-article which is declared by a court to h ave been held, without the appropriate applicable legal and factual pre-requisites applicable to it at the time when it was opened having been adhered to, shall be null and without effect. (j) On the termination of the inquest and upon the request of the suspected person made within one year from the closure of the inquest and of a copy of the procès- verbal having been given to the parties concerned, if the Magistrate considers th at a suspected person was placed under examination unjustly on the basis of a CRIMINAL CODE [CAP. 9. 353 report, information or com plaint presented according to this sub-article by reason of it having been either unfounded, frivolous, vexatious or abusive of the judicial process the Magist rate may decide to condemn the person who filed the report, information or complaint to pay the costs of the inquest, without prejudice to any other direction which the Magistrate may consider appropriate to give and to any other action pertaining to the su spected person under any other applicable law. Th e decision taken by the Magistrate in accordance with this paragraph shall be subject to an appeal by application to the Criminal Court in accordance wi th paragraph (k). (k) Any person who feels aggrieved by the decision of the Magistrate taken in terms of paragraph (j) may, within twelve working days from the day on which such decision is notified to him, file an application to the Criminal Court requesting that the decision of the Magistrate be revoked or varied. For the purpose of exercising its functions under this paragraph, the Criminal Court shall proceed mutandis mutandis i n accordance with the provisions of this Code applicable to appeals from decisions of th e Court of Magistrates. (4B) Decrees delivered by the Court and by the Magistrate in ter ms of sub-article (4A) shall be notified to the Attorney General. (4C) In every case where an inquest is to be held under the provisions of sub-article (4A) the Magistrate who conducts the inquest shall be chosen by lot from among the Magistrates menti oned in article 367(3). (5) A copy of the report, informa tion or complaint referred to in sub-article (1) or article 551(1) shall be transmitted by th e magistrate to the Attorney Gener al within the period of three working days from when the magistrate shall have received such report, information or c omplaint in writing. (6) The decision not to hold an inquest in terms of sub-article (2) shall likewise be notified to the Attorney General within t he period of three working days from such decision. Inquest to be held by magistrate, Amended by: IX.1859.29; VII.1880.6; VI.1939.2; L.N. 4 of 1963; L.N. 46 of 1965; XXXI.1966.2; LVIII.1974.68; VIII.1990.3; III.2002.131; VIII.2025.5.