Questionnaire Malta
I.40 May a court trial be expedited after an agreement (Verfahrensbeendende Absprachen/bargaining)?
The only type of bargaining permissible according
to the provisions of the Criminal Code relates to sentence bargaining (sect.
453A CC) whereby prior to the accused filing a guilty plea to the charges
brought against him in the bill of indictment, the accused and the Attorney
General may ask the Court to apply a particular sanction or measure according
to the type and quantity as agreed to between themselves upon the finding of
guilt of the accused. If the Court is satisfied of such an agreement and the
possible applicability of such punishment and provided that no grounds exist
for which the trial by jury is to proceed or which lead the Court to refuse
such agreement, the Court may impose such a penalty upon the finding of guilt.
Prior to actually accepting such agreement, the Court is obliged to clarify
even further the consequences of such an agreement to the accused. Furthermore
the Court in its judgment shall note that the punishment being imposed is a
result of such agreement. Sect. 392A(5) CC allows sentence bargaining also before
the Court of Magistrates as a Court of Criminal Judicature provided the accused
files a guilty plea during his examination without oath by the Court at the
commencement of the case. Furthermore, although before such Court, the
prosecution is done by the Commissioner of police or his representative, when
this latter sect is to be applied, such prosecution is to be made by the Attorney
General. Nevertheless, an agreement reached by the parties has to be sanctioned
by the Court.
