Measure Implementation

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

Whilst there is no specific definition of electronic data, for any electronic evidence to be seized, the police request a Magistrate to issue a warrant. The evidence is gathered by an expert in the field who also compiles a report on how the evidence was collected and seized and presents all the evidence to the Magistrate whilst also confirming the report on oath. Additionally, the Police may, in addition to the power of seizing a computer machine, require any information which is contained in a computer to be delivered in a form in which it can be taken away and in which it is visible and legible. This is justified if it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed. Anything which has been lawfully seized by the Police may be retained so long as is necessary in all the circumstances

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU EU MLA Convention 2000 Convention on Cybercrime

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 apart from those applicable to all EIOs in terms of the EIO Directive.

Concise legal practical information

Special requirements

A person who is the rightful owner of a thing seized and retained may, unless criminal proceedings in the course of which the thing seized has been exhibited or is to be exhibited are pending before any court, make an application to a Magistrate for its restitution, and the Magistrate may, after hearing the Police, by a decree order its release either unconditionally, or under such conditions as may be necessary to preserve the evidential aspects ofthe thing.

Last reviewed on 22 September 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.54 Control of regular mail
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