Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 314D
314D. (1) Where the commander of the Armed Forces of Malta
receives, or is informed about, a request made by or on behalf of a
judicial, prosecuting, law enforc ement, administrative or other
competent authority of any State or place other than or outside
Malta (hereinafter in this article referred to as the "requesti ng
authority") seeking authorisatio n for the competent authorities of
that State or place to take appropriate measures in regard to a
relevant vessel reasonably suspected to be engaged in the
commission of a relevant offence the commander of the Armed
Forces of Malta may, with the conc urrence of the Prime Minister ,
authorise the taking of the said measures by the aforesaid
competent authorities subject to such conditions as may have be en
agreed by Malta with that State or as may be agreed between the
requesting authority and the co mmander of the Armed Forces of
Malta with the concurrence of the Prime Minister.
(2) Where the authorisation has been given by the commander of
the Armed Forces of Malta as aforesaid the competent authoritie s
referred to in sub-article (1), subject to the conditions as ma y have
been agreed upon as provided in the same sub-article, shall be
authorised to take the appropriate measures and to exercise on
board the vessel in regard to whi ch appropriate measures have b een
authorised under this article all such powers of arrest, entry, search
and seizure as are vested in t he executive police of Malta.
(3) For the purpose of this article:
"relevant offence" means any of fence consisting in any act or
omission which if committed in these islands, or in correspondi ng
circumstances, would constitute any of the offences in articles 313,
314B, 314C, 314CA and 314CC;
"relevant vessel" means a vessel used for commercial or private
purposes flying or entitled to fly the flag of Malta or registe red in
Malta and exercising freedom of navigation in accordance with
international law.
Setting on fire of
arsenals, etc.
Amended by:
XXI.1971.22;
XLIX.1981.4.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.