Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 565
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".
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.