Fiches Belges

The hearing of witnesses when required to be carried out under oath and when this has been expressly requested by the requesting state, is carried out by a Magistrate. In Malta it is only a Magistrate that can carry out the hearing of a witness (including in the capacity of a victim or when the witness is a minor) under oath because Magistrates have the power to administer oath. A police officer can however request the witness to appear before them to answer questions or make a witness declaration. In the context of a international cooperation request, a suspect or an accused person in Malta, can be asked to appear before a police officer, who will inform the suspect/accused of all their rights according to law, including their right to remain silent and take a statement from that suspect/accused. Suspects can be asked to attend at a place where their statement can be taken voluntarily by a police officer.

Directive 2014/41/EU regarding European Investigation Orders EU MLA Convention 2000

Office of the Attorney General receives the request as a central authority. If the hearing is to be conducted under oath, the competent authority to execute is the Court of Magistrates.

English and Maltese

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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.