33. Every person is exempt from criminal responsibility if at the time of the act or omission complained of, such person -

(a) was in a state of insanity;

402. (1) The terms referred to in the last preceding article, in article 407 and in article 432(3) shall be held in abeyance -

(a) if it is alleged or if there is reason to believe that the accused was insane at the time of the offence or that he is insane at the time of the inquiry;
(b) if the accused owing to illness or for any other cause, is unable to appear;
(c) if there has been any order for the examination of any witness or for any other process of the inquiry under article 399;
(d) when the court accedes to a request made in terms of article 46(3) of the Constitution(2) .

(2) Such terms may also be held in abeyance -

(a) if any witness is so infirm as to be unable to give evidence even in his place of abode;
(b) if the accused cannot be found and there is reason to believe that he has absconded or left Malta.

(3) In the case referred to in sub-article (1)(a), the court shall appoint one or more experts to examine the accused and the facts relating to the alleged insanity.

(4) If from the report of the experts, it appears that the accused was insane at the time of the commission of the offence, the court shall order that the Attorney General shall be given access by electronic means to a scanned copy of the record of the inquiry within three (3) working days and shall make an order as provided in article 623.

Title VII

ALLEGATION OF INSANITY AND OTHER COLLATERAL ISSUES BEFORE THE CRIMINAL COURT

620. (1) Any allegation of insanity, or of any point of fact, by reason of which, if true, the person accused would not, at the time or at any future time, be called upon to plead to the indictment, or be put on trial, or made to undergo punishment, shall first be determined by a jury.

(2) Where any person after having obtained a conditional commutation of his sentence is, by the Executive Police, on account of the violation of the condition for the commutation of such sentence, again taken to prison or placed in the same state in which he was prior to such commutation, in order to undergo or continue to undergo his sentence, any allegation of fact made by such person by reason of which, if true, the said condition as literally expressed in the act of pardon would not be deemed to be broken, shall also be determined by a jury.

(3) Any allegation referred to in this article shall be brought before the Criminal Court by an application.

(4) On any such application, the court shall make an order, appointing a day for hearing the applicant and the Attorney General, causing them to be served with a copy of such order.


621. Where the Attorney General intends to contest any allegation made under the last preceding article, he shall do so in writing.


622. The court may refer the determination of any such allegation to the jury already impanelled for the trial of the offence.


623. (1) Where, upon the allegation referred to in sub-article (1) of article 620, the accused is found to be insane, the court shall order the accused to be kept in custody in Mount Carmel Hospital there to remain in custody and detained according to the provisions of the Mental Health Act, or any other provision of law or enactment applicable to the case, and those provisions shall apply to the accused accordingly.

(2) The expense for the maintenance and care of such insane person shall be defrayed by the Government, saving the right of the Government to recover such expense from the property belonging to such person, or, in default, from any person liable for the maintenance of such insane person.

(3) The said expense shall be charged at the rates laid down in the regulations for Mount Carmel Hospital, for the time being in force.

(4) The provisions of subarticlessub-articles (2) and (3) shall likewise apply in the case of accused persons remitted to Mount Carmel Hospital on an order of the Court of Magistrates, under the provisions of articles 402 and 525.


624. If any fact is found by the jury whereby the condition attached to a pardon should not be deemed to have been broken, the court shall give the necessary directions in order to prevent the violation of the said condition after such finding; and it shall be lawful for the court for such purpose to order that the individual who had been granted the pardon be kept in custody in any of the public prisons where he can conveniently be detained.


625. Where the Attorney General does not contest any allegation under this Title, the court shall proceed as if the truth of the allegation had been proved.


626. In all cases where, upon any allegation under this Title being proved, the trial cannot take place or is interrupted or the execution of the sentence is stayed, the trial shall be resumed or the sentence carried into effect, as soon as the impediment shall cease.


627. In all cases where it shall be necessary to impanel a new jury for the determination of any allegation referred to in the preceding articles of this Title, such jury shall be impanelled and shall proceed according to the rules established in this Code relating to juries.


628. In all cases referred to in the preceding articles of this Title, any allegation shall be determined by the jury by a majority of votes.