Chapter 176
In short
This law, Chapter 176, makes provisions for appeals by individuals protected by specific international conventions established in Geneva in 1949. It primarily addresses the timeframe for such appeals when these protected persons are sentenced to imprisonment or graver punishments.
What it regulates
- The process for appeals made by protected prisoners of war and protected internees.
- The specific timeframe for protected persons to lodge an appeal after a definitive judgment.
- The notification process to the protecting power regarding a judgment against a protected person.
Who it concerns
- "Protected internee": a person protected by the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, and interned in Malta.
- "Protected prisoner of war": a person protected by the Geneva Convention Relative to the Treatment of Prisoners of War, 1949.
Key points
- An appeal is available if a protected prisoner of war or protected internee has been sentenced to imprisonment for two years or to a graver punishment.
- The appeal period runs from the day the definitive judgment is delivered until ten days after the protected person receives notice that the protecting power has been notified of the judgment.
- For a protected prisoner of war, this notice is given by an officer of the armed forces of Malta.
- For a protected internee, this notice is given by or on behalf of the person in charge of the prison where they are confined.
Legal text
Legal text
G E N EVA CO N VE N T IO N S (A PP E A LS B Y P R O T E CT E D P E RS O NS ) CHAPTER 176 GENEVA CONVENTIONS (APPEALS BY PROTECTED PERSONS) ACT To make provision for appeals by persons protected by certain international conventions done at Geneva in the year
- (18th December, 1962)* Enacted by ACT X of 1962, as amended by Act XLIX of
- This Act may be cited as the Geneva Conventions (Appeals by Protected Persons) Act.
- In this Act, unless the context otherwise requires - Short title. Interpretation. "protected internee" means a person protected by the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, and interned in Malta; "protected prisoner of war" means a person protected by the Geneva Convention Relative to the Treatment of Prisoners of War, 1949; "the protecting power", in relation to a protected prisoner of war or a protected internee, means the power or organization which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the Geneva Convention Relative to the Treatment of Prisoners of War, 1949, or, as the case may be, the Geneva Convention Relative to the Protection of Civilian Persons in Time of War,
- Where a protected prisoner of war or a protected internee has been sentenced to imprisonment for two years or to a graver punishment and an appeal is available under the provisions of the Criminal Code, the time within which he shall enter such appeal shall, notwithstanding anything in the Criminal Code, be the period from the day on which the definitive judgment is delivered to the expiration of ten days after the date on which he receives a notice given (a) in the case of a protected prisoner of war, by an officer of the armed forces of Malta; (b) in the case of a protected internee, by or on behalf of the person in charge of the prison in which he is confined, that the protecting power has been notified of the judgment. *See Government Notice No. 561 of
- Appeals by protected persons. Amended by: XLIX. 1981.4.