Questionnaire Malta
I.37 What happens with the case after the withdrawal of the charge?
Sects. 433(2) and 600 CC have to be read together
in this regard. The withdrawal may only be made at the sole discretion of the
Attorney General, prior to the accused pleads to the general issue of guilty or
not guilty, and in any such case all further proceedings shall be stayed, and
the accused shall be discharged. Should the accused have already pleaded to the
general issue of guilty or not guilty, the indictment may not be withdrawn
without the consent of the accused. Furthermore, in either case, the withdrawal
of the indictment shall not operate so as to bar the taking of entirely new
proceedings against the accused, on the discovery of fresh evidence.
