An 'iter' through Maltese criminal proceedings

Abstract

Under the Maltese legal system, an arrested person must be arraigned before the Magistrates'. Courts riot later than forty-eight hours after his arrest, otherwise he must be released (section 365, Criminal Code). Upon arraignment, the Court must explain to the accused the nature of the charge pref erred against him and inform him that he is not bound to answer any question nor to incriminate himself. The Court shall also inform the accused that he may, if he so desires, be assisted by an Advocate or a legal Procurator and that whatever he says may be received in evidence against him (section 404, Criminal Code). It shall be the duty of the Courts of Criminal Justice to see to the adequate defence of the parties charged or accused (section 512, Criminal Code). The Advocate for Legal Aid shall gratuitously undertake the defence of any accused who has briefed no other Advocate (section 564, Criminal Code).