Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 549

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549. (1)* The Magistrate shall si gn at the end of the procès-verbal and a written or printed note shall be made on every document produced during the inquest by the Registrar or by an officer o f the courts acting in his stead, as ma y be ordered by the Magistrate . Report of experts and depositions of witnesses to be annexed to procès-verbal. (2) If the experts employed shall express their opinion in a written report duly confirmed on oath, such report shall be ann exed to the procès-verbal and shall be deemed t o form part thereof. (3) The depositions of witnesses examined at the inquest shall also be annexed to the procès-verbal . Mode of taking deposition of witnesses. (4) Such depositions shall be taken in the manner provided for the examination of witnesses by th e court of criminal inquiry, and shall have the like effect. Guarantees for the suspect and the victim. Added by: VIII.2025.8. 549A.† (1) When a person who is the suspect or is otherwise the subject of an inquest is called a s a witness at the inquest, he shall be informed before commencing to give evidence that he is a suspec t or is the subject of the inquest and of the offence which it is consi dered that he may have committed and the reasons therefor. Such person sha ll be granted the right to be assisted by an advocate and shall have all the safeguards that result from th e law applicable to criminal investigations including the right to access the materials of t he case in terms of article 534AF. (2) All the rights mentioned in t he preceding sub- article shall also apply to the victim of the offence who is called as a witn ess in the inquest. (3) A person who is a suspect or a person who considers that he is the subject of an inquest may by means of an application to the Magistrate request to give his evidence in the inquest and indi cate witnesses and other proof to the Magistrate, and if it results to the Magistrate that such a person is the suspect or the subject of the inquest, the Magistrate shall a ccede to the request and shall w ithin a reasonable time before the date appointed for the giving of suc h evidence, place at the disposal of such person such relevant ev idence as the Magistrate considers appropriate on the basis of which s uch person is considered as the suspec t or the subject of the inque st: *Vide Article 11 of Act VIII of 2025 . †Vide Article 11 of Act VIII of 2025 . CRIMINAL CODE [CAP. 9. 357 Provided that the stage of the inquest when a person who files an application in accordance with this sub-article shall be called to give evidence and which witnesses and other proof indicated by him shall be brought in the inquest shall be determined by the Magi strate. Probatory force of procès- verbal. Amended by: X.1858.2; L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.40; XIII.1980.22; XVI.2006.13; XXIV .2014.65; XXVIII.2021.15.

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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.