ACT No. VIII of 2025 An ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

11th April, 2025

ACT No. VIII of 2025

An ACT to further amend the Criminal Code, Cap. 9.

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

consent of the House of Representatives, in this present Parliament

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

(1) The short title of this Act is the Criminal Code

commencement.

(Amendment No. 3) Act, 2025 and this Act shall be read and construed

as one with the Criminal Code, hereinafter referred to as "the Code".

(2) This Act shall come into force on such date or dates as the

Minister responsible for justice may by notice in the Gazette establish,

and different dates may be so established for different provisions and,

or purposes of this Act.

Immediately after sub-article (2) of article 367 of the Code

there shall be added the following new sub-article

"(3) There shall be a number of Magistrates to whom

there shall only be assigned the duties of the Magistrate as

provided in Title II of Part II of Book Second.".

Immediately after the first proviso to article 518 of the Code

there shall be added the following new proviso

"Provided further that where the Attorney General grants

his consent that a procès-verbal be open to inspection and that

copies thereof may be given, a person who proves to the

satisfaction of the Attorney General that he is personally a victim

or the heir of the victim of the offence forming the merits of the

procès-verbal, shall not be requested any payment to be given an

electronic copy of the same procès-verbal:".

Article 546 of the Code shall be amended as follows

Amendment of

article 546 of

the Code.

(a)

in sub-article (1) thereof

(i) the words "shall be described" shall be

substituted by the words "shall, upon a request which may

only be made to the Magistrate by the Attorney General or

the Executive Police, be described";

(ii) in the first proviso the words "in those

proceedings:" shall be substituted by the words "in those

proceedings." and the second proviso thereof shall be

deleted;

(b)

in paragraph (a) of sub-article (3A) thereof

(i) the words "the principal factual elements

matters" shall be substituted by the words "the principal

factual elements are matters";

(ii) the words "paragraph (d)" shall be substituted

by the words "paragraph (g)";

(c) immediately after sub-article (3A) thereof there shall

be added the following new sub-article

"(3B) (a) Where

(i) the functions of a public authority under

any law require that such authority shall or may be

able to investigate the site of an incident about which

an inquest is also held under this article; and

(ii) such public authority is designated by the

Minister responsible for justice by order in the

Gazette as a public authority to which this sub-article

applies,

such designated public authority shall inform the

Magistrate of its need to execute its functions at the place of the

incident and it shall request to be granted access to such place

and to any exhibits, documents or witnesses involved in the

inquest, as may be necessary for the proper execution of its

functions according to law.

(b) The Magistrate shall grant such access as may

be requested in accordance with paragraph (a), which may

be made subject to such conditions or limitations as the

Magistrate may determine to be necessary in the

circumstances, after giving due consideration to the need to

enable the requesting public authority to perform its legal

functions, with due regard to maintaining the integrity and

efficiency of the conduct of the inquest and of any

investigations carried out by the said public authority.";

(d) sub-article (4A) thereof shall be substituted by the

following new sub-article

"(4A) (a) (i) Any person who makes a report,

information or a complaint to the Executive Police in

regard to an offence liable to the punishment of

imprisonment exceeding three years, and if the subject

matter of the offence still exists, may at the same time

request the opening of an inquest on the request of a

private party on a suspected person in accordance with

the provisions of this sub-article;

(ii) an inquest upon the request of a private party

on a suspected person shall only be carried out upon

the suspected person but it shall be regulated by the

provisions which regulate inquests commenced in

accordance with sub-article (1), except as otherwise

provided in this article;

(iii) any person making a request in accordance

with this sub-article for the opening of an inquest as

aforesaid shall confirm on oath in the report,

information or complaint who the person suspected to

have committed the offence (hereinafter in this article

referred to as "the suspect") is, the act allegedly

committed by the suspect, which offences were

allegedly committed by the said person, and the

connection between the acts allegedly committed by

the suspect and the offence allegedly committed, and

shall together with the report, information or complaint

present any evidence on the basis of which that person

is putting forward his request.

(b) Upon receiving a report, information or a

complaint accompanied by a request for the opening of

an inquest in accordance with paragraph (a), the

Executive Police shall investigate and shall decide if

(i) there

are

grounds

to

initiate

a

prosecution;

(ii)

there are no grounds for prosecution;

(iii) the case merits further investigation

by the Executive Police;

(iv) an inquest upon the request of a private

party on a suspected person should be opened in

accordance with the provisions of this sub-article.

(c) If following an investigation, the Executive

Police decide that there are grounds for initiating a

prosecution or that there are no grounds to initiate a

prosecution, it shall refer the case and the acts of its

investigation to the Attorney General for a decision

whether a prosecution should be commenced.

(d) Where the Attorney General decides that there

are no grounds to initiate a prosecution, the Attorney

General may

(i) order the Executive Police to pursue

the investigation; or

(ii) order that the person making the

report, information or the complaint and the

person therein indicated as the suspected person be

notified of the decision not to prosecute, and in

that case the provisions of article 541(4) shall

apply.

(e) The person who made the report, information

or complaint together with a request for the opening of

an inquest in accordance with paragraph (a), may at

any time after the lapse of six months from when he

shall have made the report, information or complaint

and provided that

(i) a prosecution shall not have been

initiated against the suspected person; or

(ii) a decision not to prosecute the

suspected person shall not have been taken; or

(iii) an inquest upon the request of a private

party on a suspected person under this sub-article

shall not have been opened,

file an application in the Criminal Court

requesting that the Court shall order the Executive

Police to transmit the report, information or complaint

to the Magistrate for the commencement of an inquest

in terms of paragraph (a), which shall only be carried

out on the actions of the suspected person.

(f) When it receives an application in terms of

paragraph (e), the Criminal Court shall consider the

proof admissible as evidence before a court of criminal

jurisdiction, and it shall for this purpose

(i) hear the evidence of the Executive

Police in court behind closed doors about the

investigation procedures; and

(ii) hear behind closed doors the person

who made the report, information or complaint,

as well as every suspected person and, any other

witness that may be put forward by them

Provided that after considering the proof

admissible as evidence that was produced and the

cross-examinations and submissions of the interested

parties, with the right to legal assistance and all the

safeguards resulting from the law applicable to

investigations of a criminal nature, and whilst

following the criteria stipulated in paragraph (g), the

Criminal Court shall proceed to decide to

(i) allow a further time for the

conclusion of the investigation of the Executive

Police; or

(ii) terminate

the

proceedings

by

declaring the investigation closed; or

(iii) accede to the request of the person

who made the report, information or complaint for

the opening of an inquest upon the request of a

private party on a suspected person

Provided further that if the Court allows a

further time period for the conclusion of the

investigation of the Executive Police it shall set a date

for the continuation of the hearing and it may on that

date proceed in accordance with paragraphs (i), (ii) or

(iii) of the first proviso.

(g) The Criminal Court shall decide to order the

opening of an inquest in accordance with paragraph (a)

of this sub-article only if it results to it, on a balance of

probabilities on the basis of proof admissible as

evidence before a court of criminal jurisdiction, that

the alleged offences could have been committed by the

suspected person.

(h) If the Criminal Court orders that an inquest

upon a request of a private party on a suspected person

be commenced, the Executive Police shall within three

working days from when such order is given request the

Registrar of Criminal Courts and Tribunals to proceed

for the opening of an inquest, by the assignment of a

Magistrate according to sub-article (4C).

(i) An inquest held under this sub-article which is

declared by a court to have been held, without the

appropriate applicable legal and factual pre-requisites

applicable to it at the time when it was opened having

been adhered to, shall be null and without effect.

(j) On the termination of the inquest and upon the

request of the suspected person made within one year

from the closure of the inquest and of a copy of the

procès-verbal having been given to the parties

concerned, if the Magistrate considers that a suspected

person was placed under examination unjustly on the

basis of a report, information or complaint presented

according to this sub-article by reason of it having been

either unfounded, frivolous, vexatious or abusive of the

judicial process the Magistrate may decide to condemn

the person who filed the report, information or

complaint to pay the costs of the inquest, without

prejudice to any other direction which the Magistrate

may consider appropriate to give and to any other

action pertaining to the suspected person under any

other applicable law. The decision taken by the

Magistrate in accordance with this paragraph shall be

subject to an appeal by application to the Criminal

Court in accordance with paragraph (k).

(k) Any person who feels aggrieved by the

decision of the Magistrate taken in terms of paragraph

(j) may, within twelve working days from the day on

which such decision is notified to him, file an

application to the Criminal Court requesting that the

decision of the Magistrate be revoked or varied. For the

p u r p o s e o f e x e r c i s i n g i ts functions under t his

paragraph, the Criminal Court shall proceed mutandis

mutandis in accordance with the provisions of this

Code applicable to appeals from decisions of the Court

of Magistrates.";

(e) sub-article (4B) thereof shall be substituted by the

following new sub-article

"(4B) Decrees delivered by the Court and by the

Magistrate in terms of sub-article (4A) shall be notified

to the Attorney General.";

(f) in sub-article (4C) thereof the words "sub-articles

(4A) and (4B)" shall be substituted by the words "sub-article

(4A)" and the words "from among all the Magistrates." shall be

substituted by the words "from among the Magistrates

mentioned in article 367(3).";

(g) in sub-article (5) thereof the words "in sub-article (1)

and article 551(1)" shall be substituted by the words "in sub-

article (1) or article 551(1)".

Sub-article (2) of article 547 of the Code shall be substituted

by the following new sub-article

"(2) The functions of the Magistrate in the inquest are the

following

(a) to collect and preserve any proof admissible as

evidence before a court of criminal jurisdiction which the

Magistrate identifies personally or by means of experts as

relevant to the offence about which the inquest is held;

(b) to reach a conclusion on whether from the

admissible proof gathered as evidence, it results that an

offence has been committed on a balance of probabilities;

(c) without confronting witnesses or expressing

judgment about which evidence should be believed, in the

case where he considers that a statement made during the

inquest cannot be truthful, to indicate that fact;

(d) without assuming the functions of a court of

criminal inquiry or of a court of criminal judicature,

declare whether or not there is sufficient admissible

evidence indicating that on a balance of probabilities, any

persons which in the case of an inquest opened in terms of

sub-article (4A) of article 546 shall be persons from

amongst those indicated as suspects in the report,

information or complaint, may be further investigated by

the Executive Police or by any other competent authority in

accordance to law, or in regard to whom a decision shall be

taken by the Attorney General as to whether the criminal

action should be instituted.".

Article 548 of the Code shall be amended as follows

Amendment of

article 548 of

the Code.

(a) immediately after sub-article (1) thereof there shall

be added the following new sub-article

"(1a) (a) An expert appointed by the court shall be

a natural person and not a juridical person. Before

appointing an expert, the Magistrate shall ensure that the

expert has knowledge of the criminal law of Malta up to

the level required for him to fulfil his assignment and, in

the case where the expert is not a person officially

accredited to act as an expert in the Courts of Malta in

accordance with the proviso to article 650(2), he shall

undertake a due diligence process under the supervision of

the Magistrate that shall be carried out by the Department

of Justice together with the Court Services Agency and

which shall concern the qualifications and suitability of the

person to perform that function. Following the due

diligence process the decision as to whether the expert

should be appointed shall vest within the discretion of the

Magistrate.

(b) The decree appointing the expert shall explain

the assignment given to the expert and shall also make it

clear that the role of the expert is limited to the

determination of matters of fact relevant to the constitutive

elements of the offence only, without expressing an

opinion with regard to the commission or otherwise of the

offence. The same decree may include other conditions of

appointment as the Magistrate considers appropriate.";

(b)

immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) (a) Experts shall be paid fees which are as much

as possible those normally applicable to payments made to

professionals for comparable work in Malta.

(b) The fees referred to in paragraph (a) shall be

taxed by the Registrar of Criminal Courts and Tribunals.

(c) Notwithstanding the other provisions of this

Code or of any other law, in the case where before an expert

is appointed or at any stage of the execution of his task there

is an expectation that the payment to be made to such expert

shall exceed the sum of fifty thousand euro (€50,000), or

such other higher sum as the Minister responsible for justice

may, from time to time, by order in the Gazette establish, the

Magistrate shall before making such appointment or

authorising the continuation of the task consider whether the

appointment should be made or be continued taking into due

consideration the gravity of the offence investigated, the

monetary value which the offence may involve and the

proportionality of the expense and he shall explain his

considerations in a record that shall be communicated to the

Chief Justice. The Chief Justice shall authorise or refuse the

appointment or the continuation of the task after taking

cognizance of the said record.".

Sub-article (1) of article 549 of the Code shall be substituted

by the following new sub-article

"(1) The Magistrate shall sign at the end of the procès-

verbal and a written or printed note shall be made on every

document produced during the inquest by the Registrar or by an

officer of the courts acting in his stead, as may be ordered by the

Magistrate.".

Immediately after article 549 of the Code there shall be added

the following new article

549A. (1) When a person who is the suspect or is

otherwise the subject of an inquest is called as a

witness at the inquest, he shall be informed before

commencing to give evidence that he is a suspect or is

the subject of the inquest and of the offence which it is

considered that he may have committed and the reasons

therefor. Such person shall be granted the right to be

assisted by an a dvocate and shall have all the

safeguards that result from the law applicable to

criminal investigations including the right to access the

materials of the case in terms of article 534AF.

(2) All the rights mentioned in the preceding sub-

article shall also apply to the victim of the offence who

is called as a witness in the inquest.

(3) A person who is a suspect or a person who

considers that he is the subject of an inquest may by

means of an application to the Magistrate request to

give his evidence in the inquest and indicate witnesses

and other proof to the Magistrate, and if it results to the

Magistrate that such a person is the suspect or the

subject of the inquest, the Magistrate shall accede to

the request and shall within a reasonable time before

the date appointed for the giving of such evidence,

place at the disposal of such person such relevant

evidence as the Magistrate considers appropriate on the

basis of which such person is considered as the suspect

or the subject of the inquest

Provided that the stage of the inquest when a

person who files an application in accordance with this

sub-article shall be called to give evidence and which

witnesses and other proof indicated by him shall be

brought in the inquest shall be determined by the

Magistrate.".

Article 550A of the Code shall be amended as follows

Amendment of

article 550A of

the Code.

(a) in sub-article (2) thereof the words "every month"

shall be substituted by the words "every two months" and the

words "the lapse of the month" shall be substituted by the words

"the lapse of the two months";

(b)

immediately after sub-article (5) thereof there shall

be added the following new sub-articles

(6) The inquest shall be concluded within six

months from when it is opened. In any case where the

inquest is not concluded within two years from when it

was opened the Magistrate shall, notwithstanding any

other provision of this Code or of any other law,

conclude the report of the inquest upon the acts

a va i l a bl e , a n d t he a c t s o f t h e i n q u e s t s h a l l b e

transmitted to the Attorney General within thirty days

from the lapse of the said period of two years. The

closure of the inquest in accordance with this sub-

article shall be without prejudice to the exercise of the

power of the Attorney General in accordance with sub-

article (2) of article 569 and to the right of the Police to

continue the investigation, as the case may be

Provided that if the Attorney General exercises

his power in accordance with sub-article (2) of article

569, the time periods provided in this sub-article shall

commence to run again.

(7) The Attorney General shall upon the request of

the victim of the offence within six months from when

an inquest is opened and unless the inquest has been

terminated, and upon the lapse of every subsequent six

months, shall inform the victim of the stage of the

proceedings of the inquest. For the purpose of fulfilling

the requirements of this sub-article, the Attorney

General may either rely on the information provided to

him by the Magistrate under the other provisions of this

article or request from the Magistrate such further

information which he considers to be relevant in the

particular case for informing the victim. The Attorney

General shall, upon the victim’s request, inform the

victim when the inquest is concluded and when a copy

of the procès-verbal will be given to him, or if

exceptional circumstances exist for which the procès-

verbal should not be published.

(8) The victim shall have the right to request the

Attorney General to inform him in the case that a

decision not to prosecute is taken following the

conclusion of an inquest.".

Article 569 of the Code shall be amended as follows

(a) in sub-article (5) thereof the words "shall have

ordered that a person be arraigned in court" shall be substituted

by the words "shall have indicated a person about whom a

decision whether the criminal action shall be instituted should be

taken";

(b) in sub-article (6) thereof the words "in case of doubt

the Commissioner of Police may consult with the Attorney

General who may direct that no proceedings are to be taken or

that the proceedings to be taken are to be for a charge or for

charges different from those specified by the Magistrate in the

procès-verbal" shall be substituted by the words "the

Commissioner of Police may consult with the Attorney General

who shall either determine the charge or charges on the basis of

which the criminal action is to be instituted or direct that no

proceedings are to be taken".

The provisions of this Act shall apply as from the date of the Transitory

coming into force of this Act except as provided in the following provisions.

transitory provisions

(1)

The amendments to sub-article (4A) of article 546 made by

this Act

(a) shall also apply in respect of any report, information

or complaint made in front of the Magistrate by a person who is

not the Attorney General or an officer of the Executive Police in

accordance with article 546(4A) before the date of the coming

into force of the amendments made by this Act but only where

until the coming into force of the amendments made by this Act

there was not a final decision on whether the inquest should have

commenced or not. In those proceedings the Magistrate or the

Criminal Court shall abstain from continuing to take cognizance

of the request for the holding of an inquest;

(b) if after a report, information or complaint made

before the Magistrate by a person who is not the Attorney

General or an officer of the Executive Police in accordance with

article 546(4A) before the date of the coming into force of the

amendments made by this Act provided that the inquest shall have

commenced after the 1st January 2025, however it has

commenced after that date, the Magistrate shall immediately

cease from taking further cognizance of the inquest and shall

refer the report, information or complaint to the Commissioner

of Police;

(c) the report, information or complaint so referred in

accordance with paragraph (b) shall be considered in the same

manner as if they were a report, information or a complaint made

together with a request to commence an inquest on the request of

a private party on a suspected person in accordance with sub-

article (4A) of article 546, as amended by this Act;

(d) in the case mentioned in paragraph (c), the

Commissioner of Police shall concede a period of one month to

the person who had filed the report, information or complaint,

which shall commence to run from the day when the person who

filed the report, information or complaint is notified, to conform

with the requirements of article 546(4A), as amended by this

Act. In the case that within the said time limit the person who

made the report, information or complaint shall not have

satisfied the requirement of conforming his report, information

or complaint with the provisions of article 546(4A), as amended

by this Act, the request for the opening of an inquest shall be

deemed to have been withdrawn, and in the case that such

conformity materialises, proceedings shall be pursued in

accordance with the provisions of article 546(4A), as amended

by this Act;

(e) in the case of a report, information or complaint

made before the Magistrate, by a person who is not the Attorney

General or an officer of the Executive Police in accordance with

article 546(4A) before the date of the coming into force of the

amendments made by this Act, but where until the coming into

force of the amendments made by this Act a definite decision has

been taken by the Magistrate or the Criminal Court that the

inquest shall not be commenced, such decree shall be deemed

definite and it shall not be affected by the amendments made by

this Act.

(2) The amendments to sub-article (2) of article 547 of the Code

shall apply to all procedures relating to inquests which are pending on

the date of the coming into force of this Act or which are commenced

thereafter.

(3) The amendments introduced to the Code by this Act in sub-

articles (1a) and (3) of article 548 shall apply to procedures relating to

inquests which commence after the coming into force of this Act,

provided that where an expert was appointed in such procedures

commenced before the date of coming into force of this Act and the

proceedings are still pending on that date the following shall apply

(i) if the expert has not filed his report to the Magistrate

on the date of the coming into force of this Act, the expert shall

limit his report to the determination of matters of fact as

provided in paragraph (b) of sub-article (1a) of article 548, as

added by this Act;

(ii) in the case that the expert has already filed his report

to the Magistrate on the date of the coming into force of this Act

and the procedures relating to the inquest are still pending, the

Magistrate shall ensure that the procès-verbal and his

conclusions shall be based on the report of the expert only

insofar as is provided in sub-article (1a) of article 548;

(iii) the procedure provided in paragraph (c) of sub-article

(3) of article 548, as added by this Act, shall also apply to new

appointments of experts which are made after the coming into

force of this Act in procedures relating to inquests which are

pending at the time of the coming into force of this Act, and shall

also apply when in such procedures another assignment or an

extension of an existing assignment is given to an expert already

nominated and there is an expectation that the additional

payment would exceed the amount provided in the said

paragraph.

(4) The amendments to articles 549, 549A and 550A(2) and (8)

shall apply upon the coming into force of this Act with regard to

inquests which were opened from 1st January 2025 onwards.

(5) The amendments to sub-articles (6) and (7) of article 550A

shall apply to procedures relating to inquests which have commenced

after the coming into force of this Act and to such procedures which

are pending on the date of the said coming into force subject to the

following

(i)

where the period of two years stipulated in sub-

article (6) shall not have expired upon the coming into force of

this Act, that period shall be extended by six months following

the lapse of the two years;

(ii) if the procedures of the inquest shall have been

pending for more than two years upon the coming into force of

this Act, the term applicable to such procedures shall be extended

to six months from the coming into force of this Act;

(iii) the period of six months stipulated in sub-article (7)

shall be applicable and shall commence to run only from the date

of the coming into force of this Act.

(6) In these transitory provisions any reference to the date of the

coming into force of this Act means the date as established by article

1(2) of this Act.

Passed by the House of Representatives at Sitting No. 329 of the

2nd April, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€1.44