Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 547
547. (1) The inquest shall be held by a magistrate.
354 CAP . 9.] CRIMINAL CODE
or, in certain
cases before the
Court of
Magistrates
(Gozo), by
registrar of that
court.
(2)* The functions of the Magistra te in the inquest are the
following:
(a) to collect and preserve any proof admissible as
evidence before a court of cr iminal jurisdiction which
the Magistrate identifies personally or by means of
experts as relevant to the offence about which the
inquest is held;
(b) to reach a conclusion on wh ether from the admissible
proof gathered as evidence, it results that an offence
has been committed on a balance of probabilities;
(c) without confronting witnesses or expressing judgment
about which evidence should be believed, in the case
where he considers that a statement made during the
inquest cannot be truthfu l, to indicat e that fact;
(d) without assuming the functions of a court of criminal
inquiry or of a court of c riminal judicature, declare
whether or not there is sufficient admissible evidence
indicating that on a balance of probabilities, any
persons which in the case of an inquest opened in
terms of sub-article (4A) of article 546 shall be
persons from amongst those indicated as suspects in
the report, information or complaint, may be further
investigated by the Executive Police or by any other
competent authority in accordance to law, or in regard
to whom a decision shall be taken by the Attorney
General as to whether the criminal action should be
instituted.
Procès-verbal of
inquest.
Amended by:
XIII.1980.20;
XXXII.1986.9;
XXIX.1990.25;
XXIV .2014.64;
VIII.2025.6;
XXXVII.2025.9.
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.