Malta

Criminal Code

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

453A. (2) If the court is satisfied that the sanction or measure, or combination of sanctions and measures, requested as provided in subarticle (1) is one which it would have been lawful for it to impose upon conviction for the offence to which the accused has pleaded guilty and does not have cause to order the trial of the cause to be proceeded with for a reason referred to in article 453(2) or for any other reason to reject the request, and after explaining to the accused in clear terms the consequences of his request, the court shall, upon a plea of guilty by the accused, proceed to pass the sentence indicated to it by the parties declaring in its judgement that the sentence being awarded is being so awarded at the request of the parties.

(3) Where the Attorney General and the accused agree that the sentence to be imposed shall consist of a period of imprisonment which is to be suspended in accordance with the provisions of article 28A and the agreement is not rejected by the court as provided in subarticle (2) such agreement shall not in any way affect the court’s power to make an order under article 28G or 28H or both.

Keywords

National proceedings on admission of guilt



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