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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 579Consequencesof default of appearance of person admitted to bail, etc.

Title III of Part II of Book First of this Code, if such

In forceOfficial text

(1) If the person charged or accused fails to appear when ordered by the authority specified in the bail bond, or fails to observe any of the conditions imposed by the court in its decree granting bail, or absconds or leaves Malta, or while on bail commits any crime not being one of an involuntary nature, or interferes or attempts to interfere with witnesses or otherwise obstructs or attempts to obstruct the course of justice whether in relation to himself or any other person, the sum stated in the bail bond shall be forfeited to the Government of Malta, and, moreover, a warrant of arrest shall be issued against him:

Provided that the Court may decide not to apply the provisions of this sub-article or not to apply them to their full extent where the court considers that the infringement of the condition imposed in the decree granting bail is not of serious consequence.

(2) Any person who fails to observe any of the conditions imposed by the court in its decree granting bail shall be guilty of an offence and shall, on conviction, be liable to the punishment of a fine (multa) or to a term of imprisonment from four months to two years, or to both such fine and imprisonment and the Court shall order that the sum stated in the bail bond shall be forfeited in full or in part to the Government of Malta according to the Court’s assessment of the gravity of the offence.

(3) Notwithstanding the provisions of any law, any person charged with any offence as mentioned in sub-article (2) shall be arraigned in Court under arrest, and it shall be lawful for the Police to request in the same proceedings the revocation of bail and the re-arrest of such person. The proceedings for an offence under sub-article (2) shall be taken by the Police and shall be decided by the Court with urgency.

(4) It shall be lawful for the Police to enter into any premises in order to ensure that the conditions imposed by the court as mentioned in sub-article (1) are being observed. It shall also be lawful for the Police to arrest without warrant any person suspected of an offence under sub-article (2).

Amendment history
  • Amended by XXIX.2021.3