Art. 406 — CRIMINAL CODE

(1) Where the indictment has already been filed, the

demand of the Attorney General or of the accused, referred to in the

last preceding article, shall be made by an application to the

Criminal Court. Such application shall contain a list of the

proposed witnesses and a clear indication of the subject on which

they are to be examined. The court, if it allows the application,

shall order the hearing of the witnesses, and shall, for this purpose,

direct that the application be transmitted to the Court of

Magistrates as a court of criminal inquiry, and the latter court shall

proceed in accordance with the provisions of the said article.

(2) The record of the proceedings shall be forwarded by the

registrar to the Court of Magistrates together with the said application.

(3) The Court of Magistrates shall send back the record, together

with the depositions taken, to the Criminal Court, and shall order that

the Attorney General be granted, within three (3) days, access by

electronic means to the scanned evidence of the witnesses if heard.

(4) The demand for the hearing of witnesses in the cases

referred to in this article shall not be granted, unless the court is

satisfied that the witnesses are about to leave Malta or are in danger

of life or are in such a condition as to be probably unable to attend

in court on the day appointed for the trial; and if the hearing of the

witnesses takes place after the lapse of the term fixed in article 438

for the filing of the list of the witnesses to be produced at the trial,

their depositions shall not be admissible except with the leave of

the Criminal Court to be granted only if the said court, having

regard to the circumstances of the case, is of opinion that the

evidence resulting therefrom is relevant.

← Art. 405 Re-examination of witnesses or examination of new witnesses upon demand of Attorney General. CRIMINAL CODE Art. 407 →