Assistance of States in the attendance and testimony of witnesses and production of documents

Republic of Malta

Malta - Criminal Code 1854 (2013) EN



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:
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.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;