Fiches Belges: Malta

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

Yes this measure is possible. The magistrate shall summon the person to be heard to appear at the time and place equipped with video-conference facilities appointed for the purpose by the magistrate. The magistrate shall give effect to any measures for the protection of the person to be heard which the Attorney General may declare to have been agreed upon with the requesting foreign authority. The magistrate shall conduct the hearing and where necessary the magistrate shall appoint an interpreter to assist during the hearing. The magistrate present shall ensure that the person to be heard is identified and that the proceedings take place and continue at all times in conformity with the fundamental principles of the law of Malta.

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU regarding European Investigations Orders 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 Magistrates

Accepted languages for the request/decision

Maltese and English

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

N/A

a. Special requirements

N/A

b. Other useful information

The magistrate shall comply with the formalities and procedures indicated in the request of the foreign authority unless these are contrary to the public policy or the internal public law of Malta. The person to be heard may claim the right not to testify which would accrue to him or her under the law of Malta or under the law of the country of the requesting foreign authority.