Measure Implementation

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

Where the Attorney General receives a request from a foreign competent authority for (a) the taking of and supply of dactyloscopic data; or(b) the taking and examination of a non-intimate sample; or(c) the DNA profile of a person suspected in that place of a relevant offence or of a person accused, in proceedings before the courts of that place or international tribunal, of a relevant offence, such request is communicated to a Magistrate and the Magistrate shall order the arrest of the person and give the necessary orders in order to enable the taking of such samples etc. The Magistrate shall transmit the said data, sample or profile, together with any report or result of the examination, to the Attorney General. The necessary work would be carried out by experts appointed by a Magistrate. It shall also be lawful for the magistrate to order that any suspect be photographed or measured or that his fingerprints be taken or that any part of his body or clothing be examined by experts appointed by him for the purpose. The person may be arrested for this purpose. However, such arrest cannot be ordered by the Magistrate unless the facts amounting to the offence which such person is accused or suspected to have committed amount also to an offence which may be prosecuted in Malta.

Legal Framework

International legal framework applicable for this measure in your Member State

EIO Directive MLA Convention 1959

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Attorney General

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 except those applicable to the execution of all EIOs in terms of the EIO Directive.

Concise legal practical information

Special requirements

The rules apply in the same manner to all requests whether coming from within the EU or not.

Last reviewed on 22 September 2022 by EJN Secretariat

NEXT MEASURE

  • Examination and identification (A.40-A.43)
  • A.43 Technical and scientific examination
next

Export this Judicial Cooperation Measure

File format