Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 547

Official PDF on legislation.mt

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.

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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.