Measure Implementation

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

The magistrate shall summon the person to be heard to appear at the time and place equipped with telephone 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.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41 concerning European Investigation Orders Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Attorney General receives the request as the central authority. Hearing is conducted by the Court of Magistrates

Accepted languages

Accepted languages for the request/decision

Maltese or English

Execution deadline

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

No specific deadline however requests should be sent in advance of a scheduled hearing to allow time for testing and to make the necessary arrangements with the Magistrate who will be present during the hearing.

Concise legal practical information

Special requirements

This measure is not commonly used and generally the use of video conference facilities are preferred.

Last reviewed on 17 September 2022 by EJN Secretariat

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  • Summoning and hearing persons (A.10 - A.14)
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