Measure Implementation

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

A controlled delivery in terms of Maltese law is defined as the technique of allowing an illicit or suspect consignment of a dangerous drug or of money, property or proceeds to pass out of, through or into Malta, or from one place or person in Malta to another place or person in Malta, or into the territory of another country, intact, or removed or replaced in whole or in part, with the knowledge and under the supervision of the Executive Police and, where appropriate, of the Customs Authorities and of the competent authorities of such other country, with a view to identifying persons involved in commission of offences under the Dangerous Drugs Ordinance (Chapter 101 of the Laws of Malta) or under the corresponding law in force in the territory of such other country. It shall be lawful for the Attorney General to authorise the Executive Police and, where appropriate, the Customs authorities to allow a controlled delivery to take place with a view to identifying persons involved in the commission of any criminal offence under the laws of Malta or under the laws of another country. In the case of EIOs, the issuing authority shall indicate in the EIO why it considers the information requested relevant for the purpose of the criminal proceedings concerned. The right to act, to direct and to control operations related to the execution of such an EIO shall lie with the competent authorities of the executing State. A Joint Investigation Team may also be set up for this purpose.

Legal Framework

International legal framework applicable for this measure in your Member State

EIO Directive MLA Convention 2000

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 all EIOs in terms of the EIO Directive.

Concise legal practical information

Special requirements

When the EIO is issued for the purpose of executing an investigative measure requiring the gathering of evidence in real time, continuously and over a certain period of time, such as controlled deliveries taking place in Malta, its execution may be refused, in addition to the grounds for non-recognition and non-execution in the EIO Directive, if the execution of the investigative measure concerned would not be authorised in a similar domestic case.

Last reviewed on 22 September 2022 by EJN Secretariat

NEXT MEASURE

  • Joint investigation teams (B.1)
  • B.1 Joint investigation teams
next

Export this Judicial Cooperation Measure

File format