Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 634
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.
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.