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: Malta

Descente sur les lieux (visite sur les lieux où l'infraction a été commise (602)

1. MEASURE IMPLEMENTATION

Malta

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

Yes this measure is possible. However, in terms of the 1959 European Convention, Malta reserves the right not to execute letters rogatory for search or seizure if (a) the offence motivating the letters rogatory is not punishable under both the law of the requesting State and the law of Malta, or (b) the execution of the letters rogatory is not consistent with the law of Malta

2. LEGAL FRAMEWORK

Malta

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU concerning European Investigation Orders European Convention on Mutual Assistance in Criminal Matters (Strasbourg 1959)

3. COMPETENT AUTHORITY TO:

Malta

* receive the request/decision for judicial cooperation

Office of the Attorney General

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

A warrant is issued by a Magistrate and the search and seizure is conducted by the Executive Police

4. ACCEPTED LANGUAGES

Malta

Accepted languages for the request/decision

Maltese and English

5. EXECUTION DEADLINE

Malta

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Malta

a. Special requirements

The following is the provision of the Maltese Criminal Cde that regulates searches conducted by the Police: (1) Saving the cases where the law provides otherwise, no police officer shall, without a warrant from a Magistrate, enter any premises, house, building or enclosure for the purpose of effecting any search therein or arresting any person who has committed or is reasonably suspected of having committed or of being about to commit any offence unless -(a) the offence is a crime and there is imminent danger that the said person may escape or that the corpus delicti or the means of proving the offence will be suppressed; or(b) the person is detected in the very act of committing a crime; or(c) the intervention of the Police is necessary in order to prevent the commission of a crime; or(d) the entry is necessary for the execution of any warrant or order issued by any other competent authority in the cases prescribed by law; or(e) the arrest is for the purpose of apprehending a person who is unlawfully at large after escaping from lawful arrest or detention; or(f) the entry is necessary for purposes of:(i) executing the arrest, or ascertaining the whereabouts, of a person in respect of whom has been entered in the Schengen Information System and there is an imminent danger that the said person may escape; or(ii) discovering any property in respect of which an alert has been entered in the Schengen Information System and there is an imminent danger that the property may be concealed, lost, damaged, altered or destroyed; or(g) the entry is necessary for the protection of any person.

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.

Last reviewed on 11 avril 2022 by Tools Correspondent

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