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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 ст. 380Award of costs in proceedings instituted on complaint of injured party.

Sub-title I

ДействуетОфициальный текст

(1) In the case of proceedings instituted on the complaint of the injured or aggrieved party, including the cases referred to in article 374(c) and (d), the court shall also decide as to the costs and, where the persons sentenced are two or more, the court shall direct whether such costs are to be borne by them jointly or severally.

(2) The fees of the advocate or legal procurator for either party shall be taxed by the court in the judgment itself at a rate ranging from fifty-eight cents (€0.58) to one euro and forty cents (€1.40) for every sitting.

(3) The provision of sub-article (2) shall apply also in the cases referred to in article 374(c) and (d), as well as in the case where the complainant waives the action, if the advocates or legal procurators of the parties have appeared at the trial.

(4) If more than one advocate or legal procurator appear on behalf of any of the parties, such party may only recover from the unsuccessful party the fee of one advocate or legal procurator.

(5) Where the complaint is evidently frivolous or vexatious, it shall be lawful for the court, at the request of the defendant, to sentence the complainant to a fine (ammenda), and in default of payment of such fine (ammenda), the provisions contained in article 13(2) shall apply.

(6) The registry fees shall be taxed and levied in accordance with the scale in Schedules A and B annexed to this Code.

История изменений
  • Amended by L.N. 407 of 2007