Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 550

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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.

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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.