Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 372Howjurisdiction between the Courts of Magistrates is determined.
Sub-title I
(1) The jurisdiction as between the Courts of Magistrates shall be determined -
(a) by the place where the offence has been committed; or
(b) if there is only one accused person or if, there being two or more accused persons, they all reside in Malta, or all reside in Gozo or Comino, by the place of his or their residence.
(2) If a person is charged with two or more offences committed in different Islands, such person shall be tried by the court within the territorial jurisdiction of which the graver offence or, if the offences are of equal gravity, the greater number of offences has been committed.
(3) If the place where the offence was committed is unknown and the accused is one, or the accused are two or more, residing, however, within the limits of the jurisdiction of the same court, the jurisdiction shall be solely determined by the place of his or their residence; or if the persons accused reside in different Islands, the jurisdiction as between the courts shall be determined by the place of residence of the majority of the persons accused; or if the number of the accused residing in Malta and the number of the accused residing in Gozo or Comino be the same, either court shall be competent to try all the accused.
(4) The plea to the jurisdiction by reason of the place where the offence has been committed or of the place of residence of the offender may be waived, and, if not raised immediately after the statement of the facts constituting the offence, it shall be deemed to be abandoned.
Änderungsgeschichte
- Amended by VIII.1990.3