Criminal Code (Cap. 9), article 399

399. (1) When the court decides that the examination of any witness or any other process of t he inquiry by a foreign author ity is indispensably necessary, the requ est for legal assistance and t he court’s decision shall be served, within three working days, on the Attorney General who may, within five working days, make any submissions in writing as h e may deem appropriate. (2) The accused may, not later t han four working days from any such decision, submit an additional request for the examination of any witness or any other process of the inquiry, and appoint so me person to represent him at the examination or process. Such ter m may, upon good cause being shown, be extended: Provided that such term as ext ended shall not exceed thirty days from the date of the decision. (3) The court shall order the transmission of the request for legal assistance to the foreign authority within three working days upon the expiry of the period re ferred to in sub-article (2). (4) The Criminal Court shall have competence to order the transmission of the request for legal assistance to the foreign authority upon an application being made by the Attorney Genera l or the accused upon the expiry o f the time period referred to i n sub- article (3). Cap. 12.(5) The provisions of article 622B of the Code of Organization and Civil Procedure providing for the audio-recording or video- recording of evidence or by any other means shall apply to a request for the exam ination of any witness under this article. Cap. 12.(6) The provisions of articles 618 and 619 of the Code of Organization and Civil Procedure shall apply for the purposes of this article: Provided that where there exists any treaty, convention, agreement or understanding between Malta and another country or which applies to both such countries or to which both such 264 CAP . 9.] CRIMINAL CODE countries are a party, the request shall be made and transmitte d in terms of the said treaty, conven tion, agreement or understandin g. (7) For purposes of this article a letter of request shall conta in the following: (a) the object of and the r eason for the request; (b) details of the person or persons named in the request including, where available, address, date of birth and nationality; (c) a description of the offences with which a person has been charged and the punishment to which the offences are liable; (d) a summary of the facts giving rise to the request; and (e) a copy of the relevant legislation that criminalises the conduct attributed to the offender and gives information on the offence, p enalty and rights a person may be afforded. Accused may be assisted by advocate or legal procurator.