Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 550A

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550A. (1) Where the procès-verbal is not drawn up within sixty days from the report, information or complaint referred to in a rticle 546(1) or in article 551(1), or where the " repertus " referred to in article 558(1) is not drawn up within sixty days from the disco very of the document, the magistrate shall draw up a report stating the reason for the delay, and this report shall be transmitted by t he magistrate to the Attorney Gener al not later than three working days from the lapse of the sixty days. (2)* At the end of every two months after the first report shall have been drawn up, the magistrat e shall draw up another report stating again the reason for the delay, and every such subseque nt report shall be transmitted by the magistrate to the Attorney General not later than three working days from the lapse of the two months. (3) After the lapse of the period of sixty days referred to in s ub- article (1) every interested per son may by application request the magistrate to be heard as a witness, or to hear as witnesses th e persons indicated in the application. The application shall be served on the Attorney General who may reply within four days. (4) The Magistrate shall comm unicate to the Attorney General such information about the inquest as may be requested by the Attorney General who moreover sh all, at all times, have access to the record of the proceedings o f the inquest and to all documen ts and material objects exhibited in the course of the inquest inc luding the reports of experts and depositions of witnesses. (5) The Magistrate may, upon a request made by the Financial Intelligence Analysis Unit, on a case by case basis and where t he information is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing, give access to the record of the proceedin gs of the inquest and to all documents and material objects exhibited in the course of the inquest including the reports of the experts and deposition of witnesses: Provided that this information shall only be used by the Financial Intelligence Analysis Unit for the purpose for which it was provided. (6)† The inquest shall be concluded within six months from when it is opened. In any case w here the inquest is not conclud ed within two years from when it was opened the Magistrate shall, notwithstanding any other provision of this Code or of any othe r law, conclude the report of the inque st upon the acts available, and the acts of the inquest shall be transmitte d to the Attorney General wit hin thirty days from the lapse of the said period of two years. The closur e of the inquest in accordance with this sub-article shall be without pr ejudice to the exercise of the power of the Attorney General in accorda nce with sub-article (2) of article 569 and to the right of the Pol ice to *Vide Article 11 of Act VIII of 2025 . †Vide Article 11 of Act VIII of 2025 . CRIMINAL CODE [CAP. 9. 359 continue the investigati on, as the case may be: Provided that if the Attorney G eneral exercises his power in accordance with sub-article (2) of article 569, the time period s provided in this sub-article s hall commence to run again. (7)* The Attorney General shall upon the request of the victim of the offence within six months from when an inquest is opened an d unless the inquest has been terminated, and upon the lapse of e very subsequent six months, shall inform the victim of the stage of the proceedings of the inquest. For the purpose of fulfilling the requirements of this sub-article , the Attorney General may eith er rely on the information provided to him by the Magistrate under the other provisions of this article or request from the Magistrate such further information which he considers to be relevant in the particular case for informing the victim. The Attorney General shall, upon the vict im’s request, inform the victim when the inquest is concluded and wh en a copy of the procès-verbal will be given to him, or if exceptional circumstances exist for which the procès-verbal should not be published. (8)† The victim shall have the right to request the Attorney General to inform him in the case that a decision not to prosecute is t aken following the conclusion of an inquest. Inquest on body in cases of sudden death, etc. Amended by: XXX.1934.16; VI.1939.3; X.1960.2; L.N. 4 of 1963; L.N. 46 of 1965; XXXI.1966.2; III.1971.17; LVIII.1974.68; XXII.1976.4; XIII.1980.23; VIII.1990.3; III.2002.132. Cap. 260.

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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.