Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 620
620. (1) Any allegation of insanity, or of any point of fact, by
reason of which, if true, the per son accused would not, at the time
or at any future time, be called upon to plead to the indictmen t, or
be put on trial, or made to undergo punishment, shall first be
determined by a jury.
Violation of
condition of
pardon.
(2) Where any person after having obtained a conditional
commutation of his sentence is, by the Executive Police, on
account of the violation of the condition for the commutation o f
such sentence, again taken to prison or placed in the same stat e in
which he was prior to such commutation, in order to undergo or
continue to undergo his sentence, any allegation of fact made b y
such person by reason of which, if true, the said condition as
literally expressed in the act of pardon would not be deemed to be
broken, shall also be determined by a jury.
Procedure.(3) Any allegation referred to in this article shall be brought
before the Criminal Court by an application.
(4) On any such application, the court shall make an order,
appointing a day for hearing th e applicant and the Attorney
General, causing them to be served with a copy of such order.
Contestation by
Attorney
General to be
made in writing.
Amended by:
L.N. 46 of 1965;
LVIII.1974.68.
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.