Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 634

Official PDF on legislation.mt

634. (1) The party charged or accused shall, at his own request, be admitted to give evi dence on oath immediately after the close of the prosecution, savi ng the case where the necessity o f his evidence shall arise also at a subsequent stage, or the court s ees fit to vary the order of the evidence; and such party may be cross- examined by the prosecution, notwithstanding that such cross- examination would tend to incriminate him as to the offence charged: No adverse comment by prosecutor on failure of accused to give evidence. Provided that the failure of the party charged or accused to give evidence shall not be made t he subject of adverse comment by the prosecution. Provisions relating to witnesses applicable to accused. (2) The provisions of the law relating to witnesses shall apply to the accused who gi ves evidence on oath. Exception.(3) The provisions of sub-article (1) shall not apply to cases o n appeal. When husband or wife of accused may give evidence. Amended by: II.1886.12; VIII.1909.61; XXXVIII.1973.5; XV .2017.50.

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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.