Criminal Code (Cap. 9), article 435E

435E. (1) Notwithstanding anything contained in any other law it shall be lawful for the Attorney General to authorise the Executive Police and, where appropriate, the Customs authoritie s to allow a controlled delivery to take place with a view to identifying persons involved in the commission of any criminal offence under the laws of Malta or under the laws of another country. For the purposes of this sub-a rticle a "controlled delivery" shall mutatis mutandis have the same meaning assigned to it by article 30B(2) of the Dangerous Drugs Ordinance sohowever that the illicit or suspect consignment referred to in that sub-arti cle may for the purposes of this sub-article consist of anything whatso ever and that the consignment may be intercepted and allowed to continue with the original contents intact or removed or replac ed in whole or in part. (2) With the same objective of identifying persons involved in the commissions of a criminal offence under the laws of Malta o r under the laws of another country, it shall also be lawful for the Attorney General to authorise the Executive Police or a person under the supervision or direction of the Executive Police, to acquire or procure an illicit or suspect consignment of anythin g from any per son or place. (3) Pursuant to any arrangement, including any treaty, convention, agreement or understanding, to which Malta is a par ty or which is otherwise applicable to Malta, the Attorney General may authorise the competent authorities of another country to conduct in Malta, jointly with or under the supervision or dire ction of the Executive Police, investigations into criminal offences by officers acting under c overt or false identity, provided that t he Attorney General is satisfied of the true identity and official capacity of the officers in question and is fully informed of t he nature of any documents which purport to guarantee, certify or authenticate the false identity assumed by any such officers. Notwithstanding the provisions of any other law the making or u se of such documents by the said competent authorities or by such officers for the purpose or in th e course of such investigation s authorised as aforesaid shall be deemed to be lawful and shall not entail any liability, civil, criminal or otherwise, on the part of such authorities or officers. (4) Any official from another country taking part in any of the operations referred to in sub-articles (1) to (3), both inclusi ve, shall, for the purpose of any cr iminal liability incurred under this Code or any other law by that official or by others for conduct against that official, be d eemed to be a public officer. (5) The provisions of sub- article (4) shall apply mutatis mutandis to any official from anothe r country taking part in any operation in Malta of the kind referred to in sub-article (3) e ven if 290 CAP . 9.] CRIMINAL CODE none of the officers taking part in the operation is acting und er covert or false identity. Cap. 460. (6) For purposes of this article "competent authorities of another country" and "official from another country" shall be construed as including officials of bodies set up pursuant to t he Treaty on European Union as defined in article 2 of the European Union Act . (7) Where the Attorney General has authorised the setting up of a joint investigation team as provided in sub-article (3), the foreign officials participating in the said investigation shall be enti tled to be present when investigative me asures are being taken and, if so authorised by the comp etent officer of the Executive Police, to take investigative measures. Amended by: XXVII.1975.40. Title IV OF THE CRIMINAL COURT Constitution of Criminal Court. Amended by: IX.1857.1; V .1868.24; Order-in- Council of 1899, s.3; XI.1900.72,73; I.1903.27; II.1914.3; XVI.1929.3; XVI.1932.2; XV .1937.6; XXV .1967.6; XXVII.1975.40; XIII.1987.4; VII.2025.3.