Fiches Belges: Malta

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

Yes this measure is possible. Under Maltese criminal law, police authorities can make a request for information to obtain information from any person (natural or legal) that may be in possession of information that can aid in investigations. This covers also the production of documents relating to bank or financial information. in cases where the request is for the production of documents under oath, the request must be forwarded to the Court of Magistrates in Malta so that the person in possession of the document/information presents the said document/information to the Magistrate and confirms that such document is being presented under oath. Where this is necessary, it is required that this is stated in the request so that it may be transmitted to the Court.

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU regarding the European Investigation Order European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 1959) Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

* receive the request/decision for judicial cooperation

Office of the Attorney General

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

Court of Criminal Jurisdiction - Court of Magistrates Executive Police

Accepted languages for the request/decision

English and Maltese

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

In the case of EIOs, the deadlines are those stipulated in Directive 2014/41.

a. Special requirements

There are no specific special requirements.

b. Other useful information

N/A