Fiches Belges

The Police are usually present during the examination of a crime scene however, in cases which involve potentially a crime which has a punishment which exceeds three years imprisonment, the police file a report with a Magistrate and the Magistrate conducts a Magisterial Inquiry. Experts are appointed by the Magistrate in order for the necessary examinations to be carried out. The experts then present their findings to the Magistrate in the form of a written report which they confirm on oath before the Magistrate. In general, even if a Magisterial Inquiry is not conducted, police require a warrant from a Magistrate to be able to conduct an examination in a private place. This procedure applies also to cases where the examination has been requested by a foreign authority.

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive For the Member States which have not implemented the afore mentioned Directive: European Convention on Mutual Assistance in Criminal Matters, 20.04.1959

Office of the Attorney General receives/transmits requests but these are then forwarded to the police for execution. A Magistrate may also be involved in the execution of the request.

English or Maltese

Maltese law does not specify any deadlines for this.

Although the legal basis for such requests from outside the EU might be different, the same rules apply.