Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 599

Official PDF on legislation.mt

599. (1) Any error which from the evidence produced at the trial appears to have been made in the indictment as to the circumstances of time, place and person, when, where, and again st whom the offence was committed , or as to the indication or description of the things on which the offence was committed, m ay be ordered by the court to be corrected at any stage of the proceedings up to the time of the verdict of the jury: Aggravation of offence resulting from correction of errors not to be taken into account. Powers of Court. Provided that, in such case, no account shall be taken of any aggravation of the offence which might result from such correct ion unless such aggravation was expre ssly stated in th e indictment; and the court, if it is satisfied that such correct ion might have prejudiced the accused in his defence, may, upon his demand, discharge the jury, and adjourn the cause to another day, for t he purpose of giving him time to prepare his defence on the indict ment as amended, provided the accused makes his demand at any stage previous to the summing-up referred to in article 465 or, if th e amendment of the indictment is made after the said summing-up, before the verdi ct of the jury. Error in the quotation of the law. (2) Any error in the reference to the article of this Code or of any other law prescribing the punishment the application of whi ch is demanded in the indictment, m ay be corrected at any stage up to the delivery of the judgment. By whom defect or error may be pointed out. (3) Any defect or error referred t o in this article may be point ed out by the Attorney General or by the accused or his advocate o r by the court ex officio. Withdrawal of indictment, Amended by: L.N. 46 of 1965; LVIII.1974.68.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.