Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 550
550. (1) The procès-verbal , if regularly drawn up, shall be
received as evidence in the trial of the cause, an d the witness es,
experts or other persons who took part or gave evidence during the
Magisterial inquest shall not be produced to give evidence in t he
inquiry before the Court of Magi strates as court of criminal in quiry
during the compilation stage.
(2) Nevertheless during the period for the conclusion of
compilation of evidence referred to in article 401(1) up to the time
when the court decides whether there exist enough reasons for t he
accused to be indicted for an off ence as referred to in article 401(2)
or not, it shall be lawful for the Attorney General or the Poli ce,
with the special permission of the Court of Magistrates as a co urt of
criminal inquiry to call upon any person referred to in sub-art icle
(1) to give evidence during the compilation proceedings before the
same court on matters which are duly specified and mentioned by
the court in its special permiss ion; so however that after the
conclusion of the compilation stage in accordance with article
402(1) and after the court will have decided whether there are
enough reasons for the accused to be indicted for an offence as
referred to in article 401(2) or not, the Attorney General may
require the presence of any of those persons in accordance with the
provisions of article 405 in order for them to give replies on
specific matters indicated by the Attorney General in his writt en
request. The person summoned m ay also request the presence of
any one of those persons for the purpose of the cross-examinati on.
Duty of
Attorney
General to
include in his
list of witnesses,
the experts and
witnesses
examined at the
inquest.
(3) The court shall also, for the like effect, have power to ord er
the production of any expert or other witness who shall appear from
the procès-verbal to have been examined at the inquest; and for
such purpose any such expert or witness shall, in all cases wit hin
the jurisdiction of the Criminal Court, be included in the list of the
witnesses of the Atto rney General, to be, i f necessary, examine d.
Production at
trial of
documents and
articles
exhibited at
inquest.
(4) All documents, however, and any other material object, in
respect of which a procès-verbal has been drawn up, and which can
be preserved and conveniently exhibited, shall always be produc ed
at the trial, together with the procès-verbal .
(5) The procès-verbal shall be deemed to have been regularly
drawn up if it contains a short summary of the report, informat ion
or complaint, a list of the witn esses heard and evidence collec ted,
and a final paragraph containing the findings of the inquiring
magistrate.
358 CAP . 9.] CRIMINAL CODE
Magistrate to
inform Attorney
General of
delay.
Added by:
XXIX.1990.26.
Amended by:
XVI.2006.14;
VII.2010.35;
XLIII. 2021.4;
VIII.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.