CRIMINAL CODE
[CAP. 9.
376. (1) The magistrate shall take down or cause the registrar to take down (a) any plea to the jurisdiction of the court, or of inadmissibility or extinguishment of action, or of inadmissibility of any evidence as well as any order rejecting such evidence; and (b) where the court shall deem it expedient so to do, or where a request is made by any of the parties and the court shall see fit to accede to such request, the substance of the evidence given by the witnesses, recording any expression having a direct bearing on the merits of the case.
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Noting down of pleas raised by accused, and of substance of evidence of witnesses. Added by: XI. 1900.62. Amended by: XII. 1913.13.
(2) The notes of the depositions taken down as aforesaid, if any, shall in the presence of the parties be read over to the witnesses and a mention of such fact shall be entered in the record.
Reading over of deposition to witnesses.
(3) The non-observance of any of the provisions of subarticles (1) and (2) shall not affect the validity of the proceedings; nor shall such non-observance be a bar to the production, where necessary, at any part or stage of the proceedings, of evidence to prove, in the manner prescribed by law, the facts to which the said provisions refer, or to the recalling of the said witnesses.
Non-observance of provisions of subarticles (1) and (2) not to affect validity of proceedings. Production of other evidence. Recalling witnesses.
377. (1) When the hearing is concluded, the court shall, on the same day, if conveniently practicable, deliver judgment either discharging or sentencing the accused.
Judgment. Amended by: XI. 1900.62; I. 1903.22; VIII. 1909.36; XII. 1913.14; XXXIII. 1972.5; XIII. 1983.5; III. 2002.83; L.N. 407 of 2007.
(2) Where the offence established by the evidence is one in respect of which the prosecution lies with the injured party, the provision contained in article 403(2) shall apply.
Applicability of s.403(2).
(3) The court may, notwithstanding any punishment to which it may sentence the offender, order him to remove any nuisance or inconvenience to which the offence relates, or, according to circumstances, to conform with the law, within a time, sufficient for the purpose but in any case not exceeding three months from the date of the judgment, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, he shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of not less than four euro and sixty-six cents (4.66) and not more than twenty-three euro and twenty-nine cents (23.29) for every day during which the default continues after the expiration of the said time.
Court may order offender to abate nuisance.
(4) The court shall not grant any application for the extension of the time fixed under the last preceding subarticle if such time and the time of the extension exceed in the aggregate three months and the Police oppose such extension.
Extension of timelimit.