ACT No. XIII of 1980 AN ACT further to amend the Criminal Code, Capo 12.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

11 th April, 1980

ACT No. XIII of 1980

AN ACT further to amend the Criminal Code, Capo 12.

BE IT ENACTED by the President, by and with t he advice and

in th i s present Parliament

consent of the House of Representatives,

assembled, and by the authority of the same, as fol1ows:-

This Act may b e cited as t he Criminal Code (Amendment)

Act, 1980, and shall be read a n d construed as one with the Criminal

C o d e hereinafter referred t o as "the p r i n cip a l law".

,

For section 13 of the principal law there shaB be substituted

the fol1owing

"13. (1) Wh er e it is n ot otherwise specifically provided, the

maximum of a f i n e (multa) is five hund r ed p o unds and the

minimum is ten pounds.

(2) W h er e the maximum of a fine (multa) p res c r ib ed

in this Code or in a n y other law is less than ten p o u nds the

,

maximum s h a ll be ten p oun ds and the minimum shall be five

pounds.

(3) In de f a u lt of payment of a fine (multa) within the

period prescribed in section 16, such fine (multa) shall be con­

v e r ted into imprisonment at the rate of one day for every five

pounds

Provided that in no case (save as p r o vi d ed in pa r a gr a ph

(g) of section 19 a nd in s ub s e c tio n (l) o f section 30) sha11 i m p ri s o n

­

ment in substitution of a fine (multa) e x c e e d three months ii t he

fine is not h ig her than two thousand p o u n ds six months if the fine

,

is not higher than ten thousand p ound s one year ii the fine is

,

not hi gh e r than thirty t h o us a nd pounds and eighteen months jf it

is higher t h an thirty thousand pounds.".

Section 15 of the principal law shall be a m e nd e d as follows

(a) for subsection (l) thereof th er e shall be substituted the

following

"( l) W here it is no t otherwise specifically provid e d , the

maximum of a f i ne (ammenda) is t w enty - fiv e pounds and

the minimum is three po u nds . "; and

(b) in s ubsection (2) there of for the words

f i f ty

cents"

"

there shalI be substituted the words " f ive poun d s ".

Immediately after s ection 195 of the principal law there s hal l

be added the fol1owing new section

"False

195A. W hosoever , in order to gain any a d v a n tage or

d.eclara-

benefit for himself or others, shall, in any document inten d ed

for any p u bl ic authority, knowingly make a false d ec1 ara ti on

����tio

to a PUblicl1 or sta t ement , 01' give f a ls e information, shall, on conviction,

authority.

be l i a ble to the p u n i s h m ent of imprisonment for a term n o t

exceeding two years or to a fine (multa)

Provided that noth i ng in this section shall a f f e ct the

applicability of any other law pr o vi d i n g for a h i g her punish­

ment.".

In section 239 of the principallaw, for the words "five hundred

pounds" there shal I be substituted the word s "two thousand po u nd s ".

principal

Subsection (I) of section 240 of the

1aw shalI be

amended as foHows

(a) in paragraph (a) thereof, for the w ords "two hundred a n d

fifty pounds" there shalI be su b stitute d the words "one thou s and

pounds"; and

(b) in p a rag r a p h (b) thereof, for the w or d s "one h u ndre d

and twenty-five pounds" there sha1J be substituted the words "five

hundred p oun d s ".

For s u b sectio n (1) of s ec t i on 245 of the principal taw there

shall be substit u t ed the fol1owing

"(1) In the ca s e s referred to in paragraph (a) of the last

preceding section, the offender shall, on co n v i c t io n , be liable -

(a)

if death has ensued -

(i) so l ely as a result of the nature or the natural

cons e q u ences of the harm and not of any supervening

a c c i d e n t a l cause, to imprisonment for a term not exceed­

ing one year;

(iD as a result of a s upervenin g accidental cause

and not solely as a re.su1t

sequences of the harm, to imprisonment for a term not

exceeding six months;

(b) if the harm is grievious and produc e s the effects

mentioned in section 232, to imprisonment for a ter m not

exceeding six months;

(c) if the harm is grievious without the effects men­

ti o n e d in section 232, to imprisonment for a term not exceeding

three months�

(d) if the harm shall have become grievious owina

to a

�

supervening accidental cause

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(i) to imprisonment for a term not exceeding three

.

months. In the case referred to in paragraph (b) of this

section;

(ii) to the punishments established for contraven­

tions. in the case referred to in paragraph (c) of this

section. ".

In section 280 of the principallaw, for the words "fifty pounds"

Amendment of

there shall be substituted the words "one hundred pounds".

section 280 of

the principal

law.

In subsection (4) of section 291 of the principal law, for the

Amendment of

section 291 of

words "five pounds" there shall be substituted the words "ten pounds".

the principal

law.

Section 292 of the principal 1aw shaH be amended as follows

Amendment of

(a) in paragraph (a) thereof, for the words "five hundred section 292 of

the principal

pounds" there shall be substituted the words "one thousand law.

pounds"; and

(b) in paragraph (b ) thereof, for the words "five hundred

pounds" there shall be substituted the words "one thousand

pounds".

Se c t i o n 342 of the principal law shall be amended

fol- Amendment of

as

(a) in paragraph (b) thereof, for the words "fifty pounds"

there shall be substituted the words "one thousand pounds"; and

(b) in paragraph (c) thereof, for the words "twenty five

pounds" there shall be substituted the words "five hundred

pounds".

Section 382 of the principallaw shall be amended as follows

(a) in paragraph (a) of subsection (3) thereof. for the words

"two years" there shall be substituted the words "four years";

(b) for paragraph (c) of subsection (3) thereof, there shall

be substituted the fol1owing

"(c) If, within the said time, the accused replies that

there is no objection on his part to the case being tried sum­

marily, the Court shall note the reply in the records of the

proceedings and thereupon the Court shall become competent

to try the accused and shall proceed to give judgment forth­

with, as provided in section 389.";

(c) for paragraph (e) of subsection (3) thereof there shall be

substituted the following

"(e) Where the number of the accused sent for trial by the

Court of Judicial Police under the provisions of paragraph (a)

of this subsection is two or more, the provisions of the last

foregoing paragraph shall apply only in respect of any one or

more of the accused who makes objection to the case being

dealt with summarily, and in such case the term fixed in sec­

tion 444 for the filina of the indictment sha11 run from the

tl

day on which the A orney General shall have received the

record of the case after the decision in each of the cases dealt

with summari1y shall have become res judicata�"; and

(d) immediate1y after subseetion (3) thereof, there sha11 be

added the following new subsection

"(4) (a) Notwithstanding the prOVlSlon of paragraph

(b) of subsection ( 1 ) of this section, jf the crime with which

the aceused is eharged is punishab!e with imprisonrnent for a

term exceeding six months but not exceedil1g four years, the

Court shall, during the examination of the accused under

section 404 but before he is examined under paragraph (c) of

subsection (1) of that section, ask the aceused whether !le

objeets to his ease being dealt with summarily; and shall give

him a reasonable time to rep]y to this question.

(b) If, within the said time, the accused replies that

there is no objeetion on his part to the ease being dealt with

summarily, the Court shall ask the prosecuting officer whether

the Attorney General has given his consent in w r i ting to the

ease being dealt with summarily, and if no objection is raised,

the Court shall note this faet in the records of the proeeedings

and thereupon the Court shall become competent to try the

aceused and shall proceed accordingly

Provided that nothing

c in this subsection shall be construed

as prec1uding the Court from proceeding with the necessary

inquiry if from the evidence it appears that a graver crime

which it has no jurisdiction to try ha s been committed.".

Immediately after subsection (5) of section 402 of the principal

taw there sha11 be added the following new subsection

"(6) The Court may, having regard to the circumstances of

the case, ex officio, order that the answers given by the witness, Of

the substance thereof, be taken down in shorthand by means of

stenographers appointed for the purpose or be recorded by e1ectro­

magnetic means. Shorthand notes shall be taken dawn in indelible

ink and signed on eaeh page by the stenographers and shall, toge­

ther with the transcript, be inserted in original in the reeord. The

eleetromagnetic recording shall be transcribed under the direction

of the Registrar and the transcript shall be in.serted in the record.

In either case, the transcript may be handwritten or typewritten

and shall be read over to the witness, during or after the sitting.

by the Registrar who shal1make a note of such reacling at the foot

of the transeript.".

Section 404 of the principal law sha11 be Ctmended as follows

(a) in paragraph (a) of subsection (l) there of, for the words

"whether his father is alive or dead, and the Court shall ask him

if and what he wishes to reply to the charge" there shall be substi­

tuted the words "whether his father is alive or dead";

(b) immediately after paragraph (b) of subsection (l) thereof,

there shall be added the following new paragraph

"(c) The Court shall ask the accused if and what he

wishes to reply to the charge. "; and

(c)

for subsection (5) there of, there shall be substituted the

following

"(5) If the accused sta nds mute, the Court sha li note

down the circumstance and shall proceed vvith the c ase as if

the accused had pleaded not guilty.".

In section 413 of the principal law, for subsection (l) thereof,

Amendment or

sect.ion 413 of

there sha1l be substituted the folIowing

the princip:\1

law.

"(1) The inquiry shall be conc1uded with in the term of one

month which may, upon good cause being shown, be extended by

the President for further periods each of one month, each such

extension being made upon a dernand in writing by the Court

Provided that the said term sha11 not in the aggregate be so

extended to more than three months

Provided further that unless bait has been granted, the accused

shall be brought before the Court at least once every fifteen days

in order that the Court may decide whether he should again be

remanded in custody.".

For subsection (1) of section 444 of the principal law there

Amendment of

section 444 of

shall be substituted the following

the principal

"(1) The Attorney General shall be allowed the term of one

law.

month for the filing of the indictment, to run from the day of the

receipt of the record referred to in the last preceding section. The

said term shall, on the dem and 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 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.".

In subsection (3) of section 445 of the principal law, for the

Amendment 01'

section 445 of

words "twelve days" there shall be substituted the words "one month".

the principal

Iaw.

Amendment 01'

In section 511 of the principal law there shall be added at the

section 511 of

end thereof the following proviso

the principal

Jaw.

"Provided that a proces-verbal shall be open to inspection and

copies thereof shall be given only at the discretion of the Attorney

General and on payment of such fees as he may, taking account

of the expenses incurred, require.".

Amendment 01'

Section 540 of the principal law shall be amended as follows

sectioll 540 of

(a) in subsection (1) thereof, for the word "subsection" there

the principal

shall be substituted the word "subsections"; and

law.

(b) immediately after subsection (2) thereof there shall be

added the following new subsection

Where the offence to be investigated is -

"(3)

(a) theft, other thal1 theft with violence against the

perS'on; or

(b) involuntary homicide or

involuntary bodily

harm caused in a traffic accident;

the Magistrate may, instead of holding in person an inquest

on the spot, direct a police officer not below the r ank of

.

inspector to establish the relevant facts, and the ?f�ICer so

.

appointed and any photographer Of other expert asslsting hlm

shall give evidence at the enquiry on the facts investigated and

established by them and shall produce all photographs taken

and all other articles or documents relevant to their investiga­

tioil.".

In section 542 of the principal law, for the words "Two wit­

nesses and the" there shall be substituted the word "The".

In subsection (1) of section 543 of the principal law, for the

words "the inquest, and by the two witnesses employed as provided in

the last preceding section" there shall be substituted the words "the

inquest".

Immediately after subsection (4) of section 544 of the principal

law, there shall be added the fol1owing new subsection

"(5) The proces-verbal shall be deemed to have been regular­

ly drawn up if it eontains a short summary of the report, informa­

tion or complaint, a list of the witnesses heard and evidenee

colleeted, and a final paragraph containing the findings of the

inquiring Magistrate.".

In section 545 of the p r incipal law, immediately after sub­

section (3) thereof, there shall be added the following new subsection

"(4) Notwithstanding the provisions of subseetioll (1) of this

section, in cases of sudden death or of death the cause where of is un­

known, the Magistrate may, instead of holding in person an inquest

on the body, and without prejudiee to his powers under seetion 546,

aet as provided in subsection (3) of section 540, and where he so

acts the provisions of that subseetion shall, mutatis mutandis,

apply.".

For section 546 of the principal law there shall be substituted

the following

"546. (1) The Magistrate may, where necessary, order the

dissection and the internal examination of the body.

(2) For the purposes of this section and of subsection

(l) of section 545, the Magistrate may ap p o i nt a medical expert or

experts and he may also empower such expert 01' experts to hear

evidence on oath for establishing the identity of the body and to

ascertain the cause of death.".

For the avoidance of doubt it is hereby declared that the pro­

visions of subsection (l) of section 413, of subsection (1) of section 444

and of subsection (3) of section 445 of the principal1aw as amended by

this Act shall apply to any proceedings whether commeneed before or

after the coming into force of this Act.

Where, on the coming into force of th1s Act, a bill of indict­

ment has already been filed in respect of an offence which the Court

of Judicial Polic:� has jurisdiction to try according to the provisions of

section 382 of the principal law as amended by this Act, and both the

Attorney General and the accused at any stage prior to the impanelling

of the jury signify their consent by means of a note entered in the re­

cords that the case should be tried by the Court of Judicial Police in

accordance with the said section, then the jurisdiction of the Criminal

Court s h al l cease and the Court of Judicial Po1ice shall thereupon be

vested with jurisdiction to try the offences contained in the bill of in­

dictment accordingly

Provided that the Criminal Court or, where an appeal has been

entered, the Court of Criminal Appeal, shall not be prec1uded from

deciding any plea already raised at any stage mentioned in section 461

or section 466 of the principal law.

Passed by the House of Representatives at Sitting No. 381 of the 9th April, 1980.

C.AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

Publi.hed by

Depol'lm611t 0/ In/ormativrt

the

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Stampat !l-U.C.S.

Stamperija tal-Gvern

Printed at the C.O.S.

Governme1ft Prllfli1f1l Pren

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