Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 579

Official PDF on legislation.mt

579. (1) If the person charged or accused fails to appear when ordered by the authority specified in the bail bond, or fails t o observe any of the conditions im posed by the court in its decre e granting bail, or absconds or leaves Malta, or while on bail commits any crime not being one of an involuntary nature, or interferes or attempts to interfere with witnesses or otherwise obstructs or attempts to obstruct the course of justice whether in relation to himself or any other person, the sum stated in the bail bond shall be forfeited to the Government of Malta, and, moreov er, a warrant of arrest shall be issued against him: Provided that the Court may decide not to apply the provisions of this sub-article or not to apply them to their full extent w here the court considers that the infringement of the condition imposed in the decree granting bail is not of serious consequence. (2) Any person who fails to observe any of the conditions imposed by the court in its decree granting bail shall be guilt y of an offence and shall, on conviction, be liable to the punishment o f a fine ( multa ) or to a term of imprisonment from four months to two years, or to both such fine and imprisonment and the Court shal l order that the sum stated in t he bail bond shall be forfeited i n full or in part to the Government of Malt a according to the Court’s assess ment of the gravity of the offence. (3) Notwithstanding the provisions of any law, any person charged with any offence as mentioned in sub-article (2) shall be arraigned in Court unde r arrest, and it shall be lawful for the Police to request in the same proceedings the revocation of bail and t he re- arrest of such person. The proce edings for an offence under sub - article (2) shall be taken by the Police and shall be decided b y the Court with urgency. (4) It shall be lawful for the Po lice to enter into any premises in order to ensure that the conditions imposed by the court as mentioned in sub-article (1) are being observed. It shall also be lawful for the Police to arrest without warrant any person susp ected of an offence under sub-article (2). Court by which bail is granted. Amended by: VI.1871.36; L.N. 46 of 1965; XXV .1967.24; LVIII.1974.68; XXVII.1975.40; VIII.1990.3; III.2002.143.

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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.