Article 39: Provisions to secure protection of law

Chapter IV - Fundamental Rights and Freedoms of the Individual

Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

Every person who is charged with a criminal offence -

shall be presumed to be innocent until he is proved or has pleaded guilty;

shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

shall be given adequate time and facilities for the preparation of his defence;

shall be permitted to defend himself in person or by a legal representative and a person who cannot afford to pay for such legal representation as is reasonably required by the circumstances of his case shall be entitled to have such representation at the public expense;

shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge;

and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed.

No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.

No person shall be tried for a criminal offence if he shows that he has been tried by a competent court outside Malta for that offence and either convicted or acquitted.

No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

Nothing in sub-article (9) of this article shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives in the interest of defence, public safety, public order, public morality, the welfare of minors or the protection of the private lives of persons concerned in the proceedings.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of -

sub-article (2)(a) of this article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

sub-article (2)(e) of this article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or

sub-article (4) of this article to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so however that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

Notes

This article establishes the right to a fair trial and other protections of law for individuals charged with criminal offenses and in civil proceedings.