Criminal Code (Cap. 9), article 702

702. The Minister responsible for justice may make regulations to give effect to any arrangemen t, including any treaty, conven tion, agreement or understanding, to which Malta is a party or is otherwise applicable to Malta and which make provision for sharing of information betw een competent authorities. CRIMINAL CODE [CAP. 9. 419 Added by: L.N. 37 of 2015. TARIFF* FEES PAYABLE TO THE REGISTRY OF THE COURTS OF CRIMINAL JURISDICTION, MALTA AND GOZO Added by: XVI.2006.25. SCHEDULE D (Article 575A) (a) any crime punishable with a maximum term of imprisonment of nine years or more; (b) the crimes envisaged in articles 198 to 207, 216(1)( a), ( b), (c) and ( e), 217, 262(1)( a) and ( b), and 263 of this Code (other than unlawful use or consumption of a service); (c) any theft committed against any person under the age of twelve years or over the age of sixty years other than the thef t of vehicles. *This Tariff substituted Schedu les A, B and C as from 1 January , 2015 - see Legal Notice 37 of 2015 . For the filing of an application of an appeal from judgements of the Courts of M agistrates ....................... .. €25 For the filing of an application of an appeal from judgements of the Criminal Co urts ............................. ..... €50 For the opening of the registry outside working hours but no fee is payable if request is according to sections 409(A) or 412(B) of the Criminal Code (Cap. 9). €75 For every notification of witnesses in the Criminal Court ......................................................... ..................... €7 For photocopies from a ny criminal proceeding: i. For every page not authenticated ........................ €0.1 0 ii. For every page authenticated .............................. € 0.35 420 CAP . 9.] CRIMINAL CODE Added by: IV .2014.28. Amended by: LI.2016.9. Schedule E [Article 534AB] PART I Letter of Rights You have the following rights wh en you are arrested or detained : A. ASSISTANCE OF A LAWYER/ENTITLEMENT TO LEGAL AID You have the right to access a lawyer whilst in detention. Such right begins from the moment of your detention and before you a re questioned. You have the right to be provided with a list of advocates and a list of legal procurators from which you can choose one to assi st you or to elect to be assisted by the Advocate for Legal Aid. I n the latter case, legal assistance is free of charge. The police may not indicate to you the name of the lawyer you may engage during yo ur arrest or detention. Not less than one hour before th e commencement of questioning, you and your lawyer have the right to be informed of the allege d offence about which you will be questioned. Such information sh all be provided to you prior to the commencement of questioning, which time shall not be less than one hour before questioning s tarts. Upon detention, you have the right to meet in private and communicate with the lawyer representing you, including prior t o questioning by the police. You have the right for your lawye r to be present and participat e effectively when questioned. All questioning, all answers giv en thereto and all the proceedi ngs related to the questioning of the suspect or accused person are , where possible in the opinion of the interviewer to be recorded by audiovisual means; you have the right to be given a copy of the recording following the conclusion of the questioning. You have the right for your lawyer to attend the following investigative or evi dence-gathering acts: (i) identity parades; (ii) confrontations; (iii) reconstructions of the scene of an offence. The confidentiality of your communication with your lawyer in the exercise of your right to access a lawyer shall be respecte d. Upon arrest you are to be informed of your right to have at lea st one person, such as a relative, an employer or any other person of your choice informed of y our deprivation of liberty. If you are a child, that is, a p erson below the age of eighteen years, a person entitled to exerc ise parental authority, tutors hip, curatorship or guardianship over you is informed of your arrest or detention and the reasons for such arrest or detention. CRIMINAL CODE [CAP. 9. 421 B. INFORMATION ABOUT THE ACCUSATION If you are arrested, the police shall have the duty to inform y ou that you are in fact under arrest , even if the arrest appears e vident. You have the right to be informed, at the time of your arrest o r your detention, in a language you understand, the reasons for y our arrest or detention. If you have been arrested by a wa rrant issued by a Magistrate, you shall have the right to a copy of that warrant which shall be signed by the Magistrate wh o issued the said warrant. C. INTERPRETATION AND TRANSLATION If you do not speak or understand the language spoken by the police or other competent authorities, you have the right to an interpreter, free of charge. The interpreter may help you to ta lk to your lawyer and must keep the content of that communication confidential. You have the right to translation of at least the relevant passages of the essen tial documents, including any ord er by a Judge or Magistrate allowing your arrest or keeping you in custody, any charge or indictment and any judgment. You may in some circumstances be provided with an oral translation or summary. D. RIGHT TO REMAIN SILENT While questioned by the police or by other competent authoritie s, you have the right to remain silent. Your lawyer can help you i n your decision. E. ACCESS TO DOCUMENTS When you are arrested and detained, you, or your lawyer, have the right to access essential docu ments you need to challenge t he arrest or detention. If your case goes to court, you o r your lawyer have the right t o access the material evidence for or against you. F. INFORMING SOMEONE ELSE ABOUT YOUR ARREST OR DETENTION/INFORMING YOUR CONSULATE OR EMBASSY When you are arrested or detain ed you may, if you want to, ask the police to inform a relative or a friend of yours of your detention. In certain cases according to law, the right to inform another person of your detention may be temporarily restricted. In such cases the police will inform you of this. If you are a foreigner, inform the police if you want your consular authority or embassy t o be informed of your detention. You may choose to also inform the police if you want to contact an official of your consular authority or embassy. G . URGENT MEDICAL ASSISTANCE When you are arrested or detained, you shall have the right, on your request, to a doctor of your choice, as long as such docto r may 422 CAP . 9.] CRIMINAL CODE be easily contacted. Please inform the police if you are in need of urgent medical assistance. H. PERIOD OF DEPRIV ATION OF LIBERTY After your arrest you may be deprived of liberty or detained fo r a maximum period of 48 hours. Ask your lawyer or the judge for information about the possibility to challenge your arrest, to review the detention o r to ask for provisional release. PART II Letter of Rights for pers ons arrested on the basis of a European Arrest Warrant You have been arrested on the basis of an European Arrest Warrant. You have the following rights: A. INFORMATION ABOUT THE EUROPEAN ARREST WARRANT You have the right to be informed about the content of the European Arrest Warrant on the basis of which you have been arrested. B. ASSISTANCE OF A LAWYER You have the right to access a lawyer whilst in detention. Such right begins from the moment of your detention and before you a re questioned. You have the right to be provided with a list of advocates and a list of legal procurators from which you can choose one to assi st you or to elect to be assisted by the Advocate for Legal Aid. I n the latter case, legal assistance is free of charge. The police may not indicate to you the name of the lawyer you may engage during yo ur arrest or detention. Not less than one hour before th e commencement of questioning, you and your lawyer have the right to be informed of the allege d offence about which you will be questioned. Such information sh all be provided to you prior to the commencement of questioning, which time shall not be less than one hour before questioning s tarts. Upon detention, you have the right to meet in private and communicate with the lawyer representing you, including prior t o questioning by the police. You have the right for your lawye r to be present and participat e effectively when questioned. All questioning, all answers giv en thereto and all the proceedi ngs related to the questioning of the suspect or accused person are , where possible in the opinion of the interviewer to be recorded by audiovisual means; you have the right to be given a copy of the recording following the conclusion of the questioning. You have the right for your lawyer to attend the following investigative or evi dence-gathering acts: CRIMINAL CODE [CAP. 9. 423 (i) identity parades; (ii) confrontations; (iii) reconstructions of the scene of a crime. The confidentiality of your communication with your lawyer in the exercise of your right to acce ss a lawyer shall be respecte d. Upon arrest you are to be inform ed of your right to have at lea st one person, such as a relative, an employer or any other person of your choice informed of your deprivation of liberty. If you are a child, that is, a person below the age of eighteen years, a person exerci sing parental authorit y, tutorship, curat orship or guardianship over you is infor med of your arrest or detentio n and the reasons for su ch arrest or detention. C. INTERPRETATION AND TRANSLATION If you do not speak or understand the language spoken by the police or other competent authorities, you have the right to be assisted by an interpreter, free of charge. The interpreter may help you to talk to your lawyer and must keep the content of that communication confidential. You have the right to a translation of the European Arrest Warrant in a language you understand. You may in some circumstances be provided with an oral translation or summary. D. POSSIBILITY TO CONSENT You may consent or not consent to being surrendered to the Stat e seeking you. Your consent would speed up the proceedings. This decision is irrevocab le. Ask the authorities or your lawyer for more information. E. HEARING If you do not consent to your surrender, you have the right to be heard by a judicial authority.