Cap. 125 Art. 19Offences by incapacitated persons or absentees.

(1) When the alleged offender is, on account of mental disease or physical disability, unable to appear in court, or is absent from Malta or has absconded, and the Director certifies on oath that it is urgently required that the law be enforced, the court shall order the summons to be served on any known lawful representative of the alleged offender or on any known person having the custody in fact of the alleged offender or, if the alleged offender has not a known lawful representative or is not under the custody in fact of any known person, on his husband or wife or on a near relation by consanguinity or affinity or on any person, if any, entrusted with the management of his property.

(2) In any such case the court shall apply the provisions of this Act; provided that where there is room for the application of any punishment under article 17(1) and (2) against such offender, the court shall, for the purpose of determining whether or not the punishment is to be applied, adjourn the case until he is fit to stand trial or until his return.