Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 351

Official PDF on legislation.mt

351. (1) A police officer may, in a public place, or in any place to which the public is admitted, even against payment of an entrance fee, search any person or vehicle, if he has a reasona ble suspicion that the search will discover the possession of thing s, which are prohibited, stolen or acquired as the result of any o ffence whatsoever, or which may be used or may have been used in the commission of an offence or which may serve in the investigatio n of an offence. (2) For the purposes of sub-article (1), the Police may stop a person or a vehicle until the search is performed and shall sei ze any thing discovered during the search and the possession of which is prohibited or which may be connected with an offence. (2a) A Police officer may search a person, vehicle, ship, vesse l or boat, cargo or aircraf t to carry out discreet checks, inquiry c hecks or specific checks as referred to in Article 36 or Article 38 of R egulation (EU) 2018/1862 establishing the Schengen Information System or, if he has reasonable suspicion that the search will detect persons subject to an alert in accordance with Article 32 thereof. (3) Pursuant to and for the purposes of the Convention of the 19th June, 1990 implementing the Schengen Agreement of the 14th June, 1985 an offence under this article shall be deemed to be an offence even when comm itted outside Malta. 214 CAP . 9.] CRIMINAL CODE Warrant. Substituted by: IV .1994.9; III.2002.74.

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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.