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Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Малта

Изслушване на свидетели: стандартна процедура (702)

1. MEASURE IMPLEMENTATION

Малта

Is this measure possible in your Member State under International Judicial Cooperation?

Yes this measure is possible.

2. LEGAL FRAMEWORK

Малта

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU regarding European Investigation Orders

3. COMPETENT AUTHORITY TO:

Малта

* receive the request/decision for judicial cooperation

Office of the Attorney General

* execute/recognise the measure (if other than the receiving authority)

Court of Magistrates

4. ACCEPTED LANGUAGES

Малта

Accepted languages for the request/decision

Maltese and English

5. EXECUTION DEADLINE

Малта

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Малта

a. Special requirements

In Malta, the hearing of a witness is conducted by a Magistrate. Before the witness begins to give their testimony, the Magistrate will administer the oath. This means that the witness musts state the whole truth and nothing but the truth. The rule in terms of the Maltese Criminal Code is that every person of sound mind is admissible as witness, unless there are objections to his competency. The court shall explain to the witness the obligation of the oath if, on account of his age or for other reasons, it appears doubtful whether he understands such obligation; and if, notwithstanding such explanation, the court shall deem it necessary that the witness, before giving evidence, be further instructed as to the consequences of false testimony, the court may, if it considers the deposition of such witness to be important for the ends of justice, adjourn the trial to another day, and, should the case be before the Criminal Court, discharge the jury. When a request is made for the hearing of a witness, the questions to be asked by the Magistrate must be provided to the Maltese authorities.

b. Other useful information

N/A

Last reviewed on 11 април 2022 by Tools Correspondent
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