Measure Implementation

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

Maltese law which transposed the Directive 2014/41 replicates the wording of Article 30 of the Directive when it comes to this measure. In this regard, Maltese law also states, that an EIO requesting this type of investigative measure, may also be refused where the investigative measure concerned would not have been authorised in a similar domestic case. Malta may make its consent subject to any conditions which would be observed in a similar domestic case. When issuing this type of EIO, the Maltese issuing authority may, where it has a particular reason to do so, also request a transcription, decoding or decrypting of the recording subject to the agreement of the executing authority. The regulations transposing the EIO Directive state that the application (issuing and executing) of this measure in the context of a request received through an EIO must also be in line with the Security Services Act. In a domestic case, the interception can only take place on the basis of a warrant issued by the Minister responsible for the Security Services.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41

Competent Authority

* receive the request/decision for judicial cooperation

Authority responsible for receiving the EIO is the Office of the Attorney General as Central Authority.

Accepted languages

Accepted languages for the request/decision

English and Maltese

Execution deadline

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

A warrant issued for the purpose of intercepting telecommunications is valid for a period of six months, unless it is renewed and this in terms of the Security Service Act.

Concise legal practical information

Special requirements

Last reviewed on 29 February 2024 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.51 Interception of telecommunication without the technical assistance of another MS (Annex C of the EIO)
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