Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 565

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565. (1) Saving the provisions relating to the statements made by the experts, the following rules shall be observed in connec tion with any " repertus ": (a) if the thing is by its nature liable to alteration or decay, the requisite surveys and the most accurate CRIMINAL CODE [CAP. 9. 363 descriptions thereof shall be made in terms of the preceding articles of this Title; such part of the thing as may be preserve d, shall be kept; (b) if the thing or part of the thing kept, is such that it can be written upon, it shall be marked with the name of the officer and all other persons taking part in the proceedings, and it shall be then wrapped up in a paper or cloth; (c) if the thing is not such as can be written upon, it shall be placed into a proper recep tacle, or into a room, and then made secure in the presence of all the persons taking part in th e proceedings; (d) the wrapper, receptacle, or door of the room, shall be made secure with strips of paper or cloth, which shall be sealed and then signed by the officer and all other persons taking part in the proceedings; (e) if it becomes necessary, for the ends of justice, to reopen the wrapper, recept acle, or room, it shall be reopened, where possible, in the presence of the persons who had previously taken part in the proceedings, and be again made secure in the presence of the same, or, where this cannot be conveniently done, in the presence of oth er persons, steps being taken to secure it as far as practicable in its former condition. (2) In all cases, a procès-verbal shall be drawn up. Powers of magistrate during the collection of evidence relating to the "in genere" or "repertus".

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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.