Measure Implementation

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

Search and seizure is conducted by the Executive Police on the basis of a warrant issued by a Magistrate who authorises the search and seizure. Officials of the requesting MS can be be present during the search for observation purposes only.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Attorney General receives the request/ transmits the request as a central authority. Incoming requests are executed by the Police but any search of seizure must be authorised by the Magistrate.

Accepted languages

Accepted languages for the request/decision

Maltese or English

Execution deadline

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

N/A

Concise legal practical information

Special requirements

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. If the request cannot, or cannot fully, be executed inaccordance with the formalities, procedures or deadlines indicatedby the requesting foreign authority, the requesting authority shallbe informed indicating the estimated time within which or theconditions under which execution of the request may be possible.

Last reviewed on 17 September 2022 by EJN Secretariat

NEXT MEASURE

  • Securing evidence (A.30 – A.32)
  • A.31 Provisional measures (freezing of evidence)
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