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Schedule D — CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE
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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.

← Art. 1 Title. CRIMINAL CODE Art. 2 Classification of offences. →

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