Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 549
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.
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.