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Cap. 276 · Extradition Act (Cap. 276)

Cap. 276 Art. 25Restrictions upon proceedings in Malta for other offences. Cap. 9.

PART V

In forceOfficial text

(1) This article applies to any person accused or convicted of an offence under the law of Malta who is returned to Malta from any designated Commonwealth country or designated foreign country under any law of that country corresponding with this Act.

(2) A person to whom this article applies shall not, during the period described in sub-article (3), be dealt with in Malta for or in respect of any offence committed before he was returned to Malta other than -

(a) the offence in respect of which he was returned;

(b) any lesser offence proved by the facts proved for the purposes of securing his return; or

(c) any other offence in respect of which the country from which he is returned may consent to his being dealt with.

(3) The period referred to in sub-article (2) in relation to a person to whom this article applies is the period beginning with the date of his arrival in Malta on his return as mentioned in sub-article

(1) and ending forty-five days after the first subsequent day on which he had the opportunity to leave Malta.

(4) The provisions of article 541 of the Criminal Code shall not apply in relation to a person to whom this article applies if the institution or continuation of criminal proceedings against him is precluded by the operation of the foregoing provisions of this article.

*For the applicability of this article to the Republic of Tunisia and the United States of America, vide Subsidiary Legislation S.L.276.06 and S.L.276.07 respectively.