Examination of witnesses - national proceedings

Republic of Malta

Malta - Criminal Code 1854 (2014) EN

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title II Of the Court of Magistrates

Sub-title II Of the Court of Magistrates as Court of Criminal

391. (1) The witnesses shall be examined by the court. The name and surname of the witness, the name of his father and, if the witness is a person to whom articles 4, 9 and 13 of the Identity Card and other Identity Documents Act, applies, the number, if known to the witness, of his legally valid identification document issued under the said Act, as well as the place of birth and abode of the witness and the language in which he shall have deposed, shall be noted down at the head of every deposition:
Provided that the court may, in exceptional circumstances and to provide for the safety of the witness, omit the above particulars, other than the name and surname of the witness and the language in which he shall have deposed, making a note to that effect in the record of the proceedings.

(2) If the magistrate is conversant with the language spoken by the witness, he may himself translate the deposition into the language in which the written proceedings are conducted; otherwise, or at the request of the accused, a sworn interpreter shall be employed.

(3) Where the witness is a minor under the age of sixteen years the witness shall be examined and cross-examined in one sitting and his testimony shall be recorded by audio-visual means. The audio-visual recording shall form part of the record of the proceedings:
Provided that for special and exceptional reasons which arise after the witness has given his testimony the Court may authorize the hearing of the witness in a subsequent sitting.

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

441. (1) Witnesses shall be summoned by means of a subpoena which shall be served on each witness not later than the day preceding the trial:
Provided that in the case referred to in subarticle (5) of the last preceding article, a witness may be summoned to appear forthwith or at a given time during the same day.

(2) A subpoena is served by the delivery of a copy thereof to the witness, or if he cannot conveniently be met with, then by leaving such copy at his usual place of abode.

(3) If the place of abode of the witness is in the Island of Gozo or of Comino, the Registrar of Courts may send, even by post, the copy of the subpoena to the officer in charge of the Court of Magistrates (Gozo), for service on the witness; and the officer effecting service, shall deliver a certificate of such service, duly sworn, to the officer in charge of the Court of Magistrates (Gozo), who shall transmit it, even by post, to the Registrar of Courts.

Non-appearance, etc., of witnesses.
Power of court to discharge jury.
Allowances to witnesses on behalf of accused admitted to free legal aid.
Amended by: XXI.1971.27.

Trial. Place of the accused in Court. Amended by: IV.1856.34;
IV. 1894.1, 2; XXX. 1934.8; XV. 1937.7.

Summons to accused when not in custody.
Misbehaviour of accused.
Place of witnesses during the trial. Amended by:
V.1868.27;
L.N. 46 of 1965; LVIII. 1974.68; III. 2002.105.

(4) Whosoever being duly subpoenaed to give evidence or to give his opinion as an expert shall fail to appear in court at the time fixed in the subpoena, or, having appeared, shall leave before he is dismissed, shall be liable to be sentenced by the court to a fine (ammenda) and shall be liable to be compelled to appear to give evidence by means of a warrant of escort or of arrest.

(5) If, on account of the non-appearance of a witness, the trial is adjourned to another day, all the expenses incurred shall be charged to the witness, and it shall be lawful for the court, at the request of the Attorney General or the accused, to compel such witness to pay the same:
Provided that it shall be in the power of the court, at any time, on just cause being shown, to remit the fine (ammenda) and also the expenses.

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

459. The order to be followed in the examination of witnesses shall be as hereunder:
The party calling the witness proceeds to examine him; then the opposite party may, if he so desires, cross-examine him; any juror may then put any question which he may deem necessary; and the court, besides the questions which it may deem proper to put in the course of the examination or cross-examination, may finally put any other question which it shall deem necessary.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;