Malta - Autoridade Central (Art. 2)

Central Authority(ies):

Office of the State Advocate

 

Contact details:
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

 

Practical Information
Blocking statutes:  
Chapter I
(Letters of Requests)
 
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):  
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:  
Art 23 pre-trial discovery of documents:  
Information about domestic rules on the taking of evidence:   
Witness examination under Chapter I
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
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15  
Articles 16-18  
Bilateral or multilateral agreements  
Useful links: www.stateadvocate.mt
Competent authorities (Art. 17) Office of the State Advocate,
16, Casa Scaglia,
Triq Mikiel Anton Vassalli Valletta, VLT 1311
MALTA

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