Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 ст. 432Term for filing indictment.
Title III
(1) The Attorney General shall be allowed the term of one month for the filing of the indictment, to run from the day the
Attorney General is granted access by electronic means to the record referred to in the last preceding article. The said term shall, on the demand of the Attorney General, be extended by the court to an additional period of fifteen days, and, on the expiration of this other period, by the President of Malta to a further additional period of fifteen days, and, where the matter is such that the determination of the true nature of the offence necessarily depends upon the lapse of a longer period of time, to such longer period: Provided, however, that where such longer period extends beyond forty days, the accused shall have the right to be released on bail.
(2) If the record of inquiry is found to be defective through the non-observance of any of the provisions of this Code or of any other law relating to such inquiry, the Attorney General may file a demand in writing that the court proceed afresh with the inquiry or that the record be rectified, according to circumstances, pointing out the defect and the relative provisions of this Code or of such other law.
(3) The court shall, within the term of five (5) working days which shall run from the day on which the demand is filed by the Attorney
General, which term may, upon a demand in writing by the court and on a just cause being shown, may be extended by the President of
Malta to a further period of five (5) working days, conclude the fresh inquiry or rectify the record, and shall grant the Attorney General access by electronic means to the said record; and in such case the term for filing the indictment shall commence to run from the day on which the Attorney General shall have been given access to the record of the fresh inquiry or the record as rectified. *
История изменений
- Amended by IV.2023.9