Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 620

Official PDF on legislation.mt

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.

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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.