Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 650
650. (1) In all cases where for the examination of any person
or thing special knowledge or skill is required, a reference to
experts shall be ordered.
Choice of
experts.
(2) The experts shall be chosen by the court:
Appointment of
official experts.
Provided that the Minister responsible for Justice may, after
consultation with the Chief Justice, appoint one or more person s as
official experts for the purpose of reporting on matters requir ed by
other provisions of this Code requiring special technical skill or
knowledge, and when such persons are appointed, the court shall
CRIMINAL CODE [CAP. 9. 403
choose such experts from among those persons who may be on a
roster system.
Taxation of fees
of official
experts.
(3) For the purposes of article 533, the fees of the official
experts for services rendered in any particular case shall be t axed
by the registrar in the same manner provided for the taxation o f the
fees due to other experts.
Number of
experts.
(4) As a rule the experts shall be appointed in an uneven
number.
Directions to
experts.
( 5 ) T h e c o u r t s h a l l , w h e n e v e r i t i s e x p e d i e n t , g i v e t o t h e
experts the necessary directions , and allow them a time within
which to make their report.
The Court of Magistrat es, whether sitting as a court of crimina l
judicature or as a court of inquiry, may moreover empower the
expert or the experts, if more t han one expert have been appoin ted,
to receive documents and to examine witnesses on oath in the
presence of the accused and, in any such case, the court shall not
require further evidence in resp ect of the documents so produce d or
further examine the witnesses so examined, unless the court dee ms
it necessary or unless the accuse d makes a request to that effe ct.
Where more than one expert have been appointed, the court shall
designate the expert who is empowered to administer the oath.
(6) The Court’s decisi on to appoint experts shall be reduced to
writing and shall be served on the experts so appointed.
Challenge of
experts.
Added by:
XI.1900.90.
Cap. 12.
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.