PREVENTION AND SETTLEMENT OF CONFLICTS OF EXERCISE OF JURISDICTION IN CRIMINAL PROCCEDINGS REGULATIONS

CRIMINAL PROCEEDINGS

SUBSIDIARY LEGISLATION 9.20

PREVENTION AND SETTLEMENT OF CONFLICTS

OF EXERCISE OF JURISDICTION IN CRIMINAL

PROCCEDINGS REGULATIONS

25th April, 2014

LEGAL NOTICE 137 of 2014.

(1) The title of these regulations is the Prevention and

Settlement of Conflicts of Exercise of Jurisdiction in Criminal

Proceedings Regulations.

(2) These regulations transpose the provisions of Council

Framework Decision 2009/948/JHA of 30 November 2009 on

prevention and settlement of conflicts of exercise of jurisdiction in

criminal proceedings hereinafter referred to as "the Arrangement".

(3) The purpose of these regulations is to prevent parallel

criminal proceedings in different Member States.

For the purposes of these regulations unless the context

otherwise requires -

"competent authority" means the means a judicial authority or

another authority, which is competent, under the law of its Member

State, to carry out the acts envisaged by Article 2(1) of the

Arrangement;

"contacted authority" means the competent authority of another

Member State which the competent authority contacts to confirm

the existence of parallel proceedings;

"contacting authority" means the competent authority of another

Member State which contacts the competent authority to confirm

the existence of parallel proceedings;

"Eurojust" shall have the same meaning assigned to it by Council

Decision 2002/187/JHA on setting up Eurojust, as amended by

Council Decision 2003/659/JHA, and Council Decision 2009/426/

JHA of 16 December 2008 on the strengthening of Eurojust,

hereinafter referred to as "the Eurojust Decision";

"Member State" means any one of the Member States of the

European Union;

"parallel proceedings" means criminal proceedings both at a pre-

trial and trial phase conducted by two or more Member States

relating to the same facts and involving the same person;

"the European Judicial Network" means the European Judicial

Network duly established by Council Decision 2008/976/JHA of 16

December 2008 on the European Judicial Network;

"the European Union" means the European Union as referred to

in the Treaty;

CRIMINAL PROCEEDINGS

"the Treaty" shall have the same meaning assigned to it by article

2 of the European Union Act.

(1) These regulations make provision for

(a) the procedure for establishing contact between the

competent authorities of Member States, with a view

to confirming the existence of parallel criminal

proceedings in respect of the same facts involving the

same person;

(b) the exchange of information, through direct

consultations, between the competent authorities of

two or more Member States conducting parallel

criminal proceedings in respect of the same facts

involving the same person, in case they already have

knowledge of the existence of parallel criminal

proceedings, with a view to reaching consensus on any

effective solution aimed at avoiding the adverse

consequences arising from such parallel proceedings,

and shall apply to proceedings initiated after the 15th June 2012.

(2) All communications shall be made by any means capable of

producing a written record.

For the purposes of these regulations the Attorney General

shall be competent to contact the competent authority of another

Member State and to be contacted by a contacting authority with a

view to confirming the existence of parallel criminal proceedings in

respect of the same facts involving the sam e person and to

exchange information in accordance with the Arrangement.

When the Attorney General has reasonable grounds to

believe that parallel proceedings are being conducted in another

Member State, it shall contact the competent authority of that other

Member State to request confirmation of such existing proceedings

to proceed to enter into direct consultations according to the

provisions of regulation 9

Provided that where the competent authority to be

contacted in another Member State is unknown, the necessary

inquiries shall be made including through the European Judicial

Network

Provided further that no contact need take place when the

relevant competent authorities conducting such parallel

proceedings have already been informed of the existence of these

proceedings by any other means.

(1) The Attorney General shall reply to a request submitted

in accordance with regulation 4 within a reasonable deadline duly

indicated by the contacting authority, or in the absence of such

deadline, the Attorney General shall, without undue delay, inform

the contacting authority whether parallel proceedings are taking

place in Malta

Provided that if it is confirmed that the suspected or

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accused person is being held in provisional detention or custody,

the contacted authority shall treat this request with urgency.

(2) In the case where the Attorney General cannot provide such

reply within the deadline set by the contacting authority, the

contacting authority shall be promptly informed of the reasons

thereof and furthermore an indication shall be given of another

deadline w ithin which su ch requested i nformati on shall be

provided.

(3) In the case where an authority, other than the Attorney

General is contacted, it shall without undue delay, transmit the

request for information to the Attorney General and inform the

previous contacting authority accordingly.

When the Attorney General submits a request in

accordance with regulation 5, the following information shall be

provided

(a) the contact details of the competent authority;

(b) a description of the facts and the circumstances that

are the subject of the criminal proceedings concerned;

(c) all the relevant details about the identity of the

suspected or the accused person and, if possible,

details about the victim and witnesses;

(d) the stage of the criminal proceedings, if applicable;

(e) any information about the detention or custody of the

suspected or accused person; and

(f)

any other information which it may deem relevant in

relation to the criminal proceedings that are being

conducted in Malta.

(1) All replies sent by the Attorney General in accordance

with regulation 6 shall contain the following information

(a) whether criminal proceedings are commenced or

whether they have been conducted in respect of some

or all of the same facts as those which are subject to

criminal proceedings referred to in the request for

information submitted by the contacting authority; and

(b) whether the same persons are involved.

(2) In the case where criminal proceedings are being or were

conducted in respect of some or all of the same facts as those which

are subject to criminal proceedings referred to in the request for

information submitted by the contacting authority, and where the

same persons are involved the reply shall also contain information

on

(a) the contact details of the competent authority; and

(b) the stage of the proceedings, or, where a final decision

has been reached, the nature of that final decision.

(3) The Attorney General may provide such other relevant

information relating to the criminal proceedings that are

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commenced or whether they have been conducted in Malta and

particularly those related facts which are the subject of the

proceedings in Malta.

(1) In the case where it is established that parallel

proceedings exist, the competent authorities concerned shall enter

into direct consultations in order to reach consensus on any

effective and practical solutions.

(2) During any direct consultation, the competent authorities

shall

(a) keep each other informed of any important procedural

measures which they may have taken during the

proceedings;

(b) reply to requests of information emanating from other

competent authorities also involved in such

consultations

Provided that no competent authority shall provide any

information which could be considered as a threat to

national security or which could jeopardise the safety

of any individual.

(3) The competent authorities shall consider the facts and the

merits of the case and all other factors which they consider relevant

during all direct consultations entered into between them to reach

consensus.

(4) All direct consultations shall be regulated by a language to

be agreed upon between the competent authorities.

(1) In the case where it has not been possible to reach

consensus in accordance with regulation 9(1), the matter shall,

where appropriate, be referred to Eurojust where Eurojust is

competent to act under Article 4(1) of the Eurojust Decision.

(2) When a consensus has been reached and the criminal

proceedings are concentrated in Malta, the Attorney General shall

inform all respective competent authorities of the outcome of

proceedings.