Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 371Howjurisdiction is determined.
Sub-title I
(1) In determining the jurisdiction, regard shall be had to the alleged offence and not to any extenuating circumstances, even though, by reason of any such extenuating circumstances, the accused shall not be liable to punishment or there may be a descent from a higher to a lesser punishment. In such case the provisions contained in article 389 and following articles shall apply.
(2) Nevertheless, the Court of Magistrates shall be competent to try -
(a) any crime committed by any person under eighteen years of age or by any deaf-mute where the punishment awardable according to law does not exceed the jurisdiction of such court;
(b) any crime excusable according to law where, in the opinion of the Attorney General, the grounds for the excuse appear from the record of the inquiry and the punishment awardable according to law does not exceed the jurisdiction of such court: Provided, in either case, that no other person is simultaneously charged with the crime, whether as principal or accomplice, or that the crime is not otherwise connected with any other crime outside the jurisdiction of such court;
(c) any theft aggravated by "means", but not also by "violence", or by "person" or by "the nature of the thing stolen", when the value of the thing stolen does not exceed eleven euro and sixty-five cents (€11.65) and, in the opinion of the Attorney General, the crime would be adequately punished with imprisonment for a term not exceeding six months with or without a fine (multa).
Amendment history
- Amended by L.N. 407 of 2007