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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 522Power of court in case of prevaricating witnesses.

Title V

In KraftAmtlicher Text

(1) The court may in its discretion guide back to the truth any witness, who shall prevaricate in his evidence, by warning him, or by keeping him apart, or even by ordering his arrest.

(2) Any witness who refuses to be sworn or to depose when so required by the court shall, on conviction, be liable to a fine (multa)

of not less than two thousand and three hundred euro (€2,300) and not more than four thousand and six hundred euro (€4,600) or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

(3) The court before whom a witness refuses to be sworn or to depose shall order the arrest of the witness and shall order the Police to bring the witness before the competent court within forty-eight hours from arrest charged with an offence under sub-article (2).

(4) Where the witness charged as mentioned in sub-article (3), at any time before final judgement is given in his regard, gives his deposition under oath before the court before whom it is required and at a stage when it may still be received by the court, that witness shall not be liable to the punishment of imprisonment but shall be liable, on conviction, to the punishment of a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69).

(5) Any criminal proceedings in pursuance of an order of the court under sub-article (3) shall be conducted with urgency.

Änderungsgeschichte
  • Amended by XXIV.2014.60