Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 633
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.
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.