Malta - Zentrale Behörde (Art. 2) und praktische Information
Central Authority(ies):
Office of the State Advocate
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Contact details: |
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| Address: | Office of the State Advocate, 16, Casa Scaglia, Triq Mikiel Anton Vassalli Valletta, VLT 1311 MALTA |
| Telephone: | + 356 2226 5000 |
| Fax: | |
| E-mail: | info@stateadvocate.mt |
| General website: | http://www.stateadvocate.mt |
| Contact person: | |
| Languages spoken by staff: | English and Maltese |
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Practical Information |
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| Blocking statutes: | |
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Chapter I |
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| Transmission of Letters of Requests: | |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Office of the State Advocate, 16, Casa Scaglia, Triq Mikiel Anton Vassalli Valletta, VLT 1311 MALTA |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | If authorised by the Central Authority, judicial personnel may be present at the execution of the letter of request (Article 19 of Chapter 443 of the Laws of Malta) |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
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| Translation requirements Arts 4(2) and 33): |
Translation is required in English or Maltese |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
There are no costs with regards to the execution of the Letters of Request |
| Time for execution: | |
| Pre-trial discovery of documents Art. 23): |
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| Information about domestic rules on the taking of evidence: | |
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Witness examination under Chapter I |
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | List of questions is required to be used during the examination of a witness. |
| Is it a public or private hearing? | The hearing is in public |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | Yes, the witness is provided with a copy of the letter of request, list of questions and any other documents together with the subpoena |
| Are documents produced by the witness authenticated by the court? | No |
| Is an oath generally administered to the witness? | Yes |
| Can the witness be made subject to further examination and recall? | Yes |
| Are there sanctions for non-appearance of witness? | Yes |
| Must interpreters who assist with the witness examination be court-certified? | Yes |
| How is the testimony transcribed? | The testimony of the witness is recorded and then transcribed |
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Chapter II |
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| Article 15 | |
| Article 16 | |
| Article 17 | |
| Article 18 | |
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Taking of evidence by video-links |
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Chapter I |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
| How would a request for evidence be handled if witness not willing? | |
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Chapter II |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
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Other Information |
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| Bilateral or multilateral agreements | |
| Useful links: | www.stateadvocate.mt |
| Competent authorities (Art. 17) | See here. |
| Additional authorities (Art. 24) | |
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