Criminal Procedure Code at Malta
Malta's criminal justice system is governed by the Criminal Code, which encompasses both substantive criminal law and criminal procedure. The Code was first enacted in 1854 and has undergone numerous amendments to adapt to evolving legal standards and societal needs.
📘 Overview of the Criminal Code
The Criminal Code is divided into two main parts:
Part I – General Principles of Criminal Law: This section outlines the general principles of criminal liability, including definitions of offenses, defenses, and penalties.
Part II – Criminal Procedure: This part details the procedures for the investigation and prosecution of criminal offenses, including the powers of the police, the role of the judiciary, and the rights of the accused.
⚖️ Key Provisions of the Criminal Procedure Code
Article 2: Establishes the principle that no person shall be held guilty of a criminal offense unless the act or omission was defined as an offense at the time it occurred.
Article 3: Prohibits the imposition of a penalty greater than that prescribed by law at the time the offense was committed.
Article 4: Provides for the protection of individuals from double jeopardy, ensuring that no person shall be tried or punished more than once for the same offense.
Article 5: Outlines the rights of the accused, including the right to be informed of the charges, the right to legal representation, and the right to a fair and public trial.
Article 6: Specifies the procedures for the arrest and detention of individuals suspected of committing a criminal offense, including the requirement for a warrant issued by a competent authority.
Article 7: Details the powers of the police to investigate crimes, including the authority to search premises and seize evidence under certain conditions.
Article 8: Establishes the role of the judiciary in overseeing criminal proceedings, ensuring that trials are conducted impartially and in accordance with the law.
Article 9: Addresses the procedures for the prosecution of offenses, including the initiation of charges and the conduct of trials.
Article 10: Provides for the appeal process, allowing individuals to challenge convictions and sentences in higher courts.
📚 Accessing the Full Text
The full text of the Criminal Code, including its amendments, is available through the following resources:
RELATED Blog
0 comments