Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 633

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633. (1) No objection to the competency of any witness shall be admitted on the ground that he was the party who laid the information or made the complaint, or that he was the party who made the report or the applic ation in consequence of which proceedings were instituted, or that he is, by consanguinity or affinity, or by reason of any contract, employment or otherwise , in any manner related to or connect ed with the party above referre d CRIMINAL CODE [CAP. 9. 393 to, or with the person charged or accused; but in every such ca se, the witness shall be heard, and those who have to judge of the facts, being fully persuaded and convinced of the veracity of the testimony, shall act upon such testimony in the same full and a mple manner, as if such facts had been proved by an extraneous perso n not related or conn ected as aforesaid. Reluctance to give evidence on grounds of consanguinity, etc. (2) Nevertheless, it shall lie in the discretion of the court, regard being had to the degree of consanguinity, the reluctance to give evidence against the husband or wife, his civil union part ner or against his cohabitant, against an ascendant or a descendant, o r against a brother, sister, uncle , or nephew, and to other parti cular circumstances of the case, not t o compel a witness to give evid ence if he be unwilling to depose against a person related to him in any of the said degrees. Party accused may give evidence. Added by: VIII.1909.60. Amended by: IX.1911.20.

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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.