MT
Schedule D — CRIMINAL CODE
Schedule D · CRIMINAL CODE
(Article 575A)
(a) any crime punishable with
a
maximum
term
of
imprisonment of nine years or more;
(b) the crimes envisaged in articles 198 to 207, 216(1)(a), (b),
(c) and (e), 217, 262(1)(a) and (b), and 263 of this Code (other than
unlawful use or consumption of a service);
(c) any theft committed against any person under the age of
twelve years or over the age of sixty years other than the theft of
vehicles.
*This Tariff substituted Schedules A, B and C as from 1 January, 2015 - see Legal
Notice 37 of 2015.
CRIMINAL CODE
Schedule E
[Article 534AB]
PART I
Letter of Rights
You have the following rights when you are arrested or detained
A. ASSISTANCE OF A LAWYER/ENTITLEMENT TO
LEGAL AID
You have the right to access a lawyer whilst in detention. Such
right begins from the moment of your detention and before you are
questioned.
You have the right to be provided with a list of advocates and a
list of legal procurators from which you can choose one to assist
you or to elect to be assisted by the Advocate for Legal Aid. In the
latter case, legal assistance is free of charge. The police may not
indicate to you the name of the lawyer you may engage during your
arrest or detention.
Not less than one hour before the commencement of questioning,
you and your lawyer have the right to be informed of the alleged
offence about which you will be questioned. Such information shall
be provided to you prior to the commencement of questioning,
which time shall not be less than one hour before questioning
starts.
Upon detention, you have the right to meet in private and
communicate with the lawyer representing you, including prior to
questioning by the police.
You have the right for your lawyer to be present and participate
effectively when questioned.
All questioning, all answers given thereto and all the proceedings
related to the questioning of the suspect or accused person are,
where possible in the opinion of the interviewer to be recorded by
audiovisual means; you have the right to be given a copy of the
recording following the conclusion of the questioning.
You have the right for your lawyer to attend the following
investigative or evidence-gathering acts
(i)
identity parades;
(ii)
confrontations;
(iii) reconstructions of the scene of an offence.
The confidentiality of your communication with your lawyer in
the exercise of your right to access a lawyer shall be respected.
Upon arrest you are to be informed of your right to have at least
one person, such as a relative, an employer or any other person of
your choice informed of your deprivation of liberty.
If you are a child, that is, a person below the age of eighteen
years, a person entitled to exercise parental authority, tutorship,
curatorship or guardianship over you is informed of your arrest or
detention and the reasons for such arrest or detention.
B.
INFORMATION ABOUT THE ACCUSATION
If you are arrested, the police shall have the duty to inform you
that you are in fact under arrest, even if the arrest appears evident.
You have the right to be informed, at the time of your arrest or
your detention, in a language you understand, the reasons for your
arrest or detention.
If you have been arrested by a warrant issued by a Magistrate,
you shall have the right to a copy of that warrant which shall be
signed by the Magistrate who issued the said warrant.
C.
INTERPRETATION AND TRANSLATION
If you do not speak or understand the language spoken by the
police or other competent authorities, you have the right to an
interpreter, free of charge. The interpreter may help you to talk to
your lawyer and must keep the content of that communication
confidential. You have the right to translation of at least the
relevant passages of the essential documents, including any order
by a Judge or Magistrate allowing your arrest or keeping you in
custody, any charge or indictment and any judgment. You may in
some circumstances be provided with an oral translation or
summary.
D.
RIGHT TO REMAIN SILENT
While questioned by the police or by other competent authorities,
you have the right to remain silent. Your lawyer can help you in
your decision.
E.
ACCESS TO DOCUMENTS
When you are arrested and detained, you, or your lawyer, have
the right to access essential documents you need to challenge the
arrest or detention.
If your case goes to court, you or your lawyer have the right to
access the material evidence for or against you.
F.
INFORMING SOMEONE ELSE ABOUT YOUR ARREST
EMBASSY
When you are arrested or detained you may, if you want to, ask
the police to inform a relative or a friend of yours of your
detention.
In certain cases according to law, the right to inform another
person of your detention may be temporarily restricted.
In such cases the police will inform you of this.
If you are a foreigner, inform the police if you want your
consular authority or embassy to be informed of your detention.
You may choose to also inform the police if you want to contact
an official of your consular authority or embassy.
G.
URGENT MEDICAL ASSISTANCE
When you are arrested or detained, you shall have the right, on
your request, to a doctor of your choice, as long as such doctor may
CRIMINAL CODE
be easily contacted.
Please inform the police if you are in need of urgent medical
assistance.
H.
PERIOD OF DEPRIVATION OF LIBERTY
After your arrest you may be deprived of liberty or detained for a
maximum period of 48 hours.
Ask your lawyer or the judge for information about the
possibility to challenge your arrest, to review the detention or to
ask for provisional release.
PART II
Letter of Rights for persons arrested on the basis
of a European Arrest Warrant
You have been arrested on the basis of an European Arrest
Warrant. You have the following rights
A. INFORMATION ABOUT THE EUROPEAN ARREST
WARRANT
You have the right to be informed about the content of the
European Arrest Warrant on the basis of which you have been
arrested.
B.
ASSISTANCE OF A LAWYER
You have the right to access a lawyer whilst in detention. Such
right begins from the moment of your detention and before you are
questioned.
You have the right to be provided with a list of advocates and a
list of legal procurators from which you can choose one to assist
you or to elect to be assisted by the Advocate for Legal Aid. In the
latter case, legal assistance is free of charge. The police may not
indicate to you the name of the lawyer you may engage during your
arrest or detention.
Not less than one hour before the commencement of questioning,
you and your lawyer have the right to be informed of the alleged
offence about which you will be questioned. Such information shall
be provided to you prior to the commencement of questioning,
which time shall not be less than one hour before questioning
starts.
Upon detention, you have the right to meet in private and
communicate with the lawyer representing you, including prior to
questioning by the police.
You have the right for your lawyer to be present and participate
effectively when questioned.
All questioning, all answers given thereto and all the proceedings
related to the questioning of the suspect or accused person are,
where possible in the opinion of the interviewer to be recorded by
audiovisual means; you have the right to be given a copy of the
recording following the conclusion of the questioning.
You have the right for your lawyer to attend the following
investigative or evidence-gathering acts
(i)
identity parades;
(ii)
confrontations;
(iii) reconstructions of the scene of a crime.
The confidentiality of your communication with your lawyer in
the exercise of your right to access a lawyer shall be respected.
Upon arrest you are to be informed of your right to have at least
one person, such as a relative, an employer or any other person of
your choice informed of your deprivation of liberty.
If you are a child, that is, a person below the age of eighteen
years, a person exercising parental authority, tutorship, curatorship
or guardianship over you is informed of your arrest or detention
and the reasons for such arrest or detention.
C.
INTERPRETATION AND TRANSLATION
If you do not speak or understand the language spoken by the
police or other competent authorities, you have the right to be
assisted by an interpreter, free of charge. The interpreter may help
you to talk to your lawyer and must keep the content of that
communication confidential. You have the right to a translation of
the European Arrest Warrant in a language you understand. You
may in some circumstances be provided with an oral translation or
summary.
D.
POSSIBILITY TO CONSENT
You may consent or not consent to being surrendered to the State
seeking you. Your consent would speed up the proceedings. This
decision is irrevocable. Ask the authorities or your lawyer for more
information.
E.
HEARING
If you do not consent to your surrender, you have the right to be
heard by a judicial authority.