Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

In all cases where for the examination of any person or thing special knowledge or skill is required, a reference to experts shall be ordered. The experts are chosen by the court (usually a Magistrate). The court shall, whenever it is expedient, give to the experts the necessary directions, and allow them a time within which to make their report. The experts shall be summoned in the manner provided for the summoning of witnesses. They shall swear to perform faithfully and honestly the duties assigned to them. On terminating the work and the experiments which their profession or art may suggest, the experts shall make their report, either orally or in writing, according to the directions of the court. The report shall in every case state the facts and the circumstances on which the conclusions of the experts are based.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive For the Member States which have not implemented the afore mentioned Directive: European Convention on Mutual Assistance in Criminal Matters, 20.04.1959 Convention on Cybercrime

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Attorney General

Accepted languages

Accepted languages for the request/decision

Maltese or English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

No specific deadline apart from those which apply to all EIOs in terms of the EIO Directive.

Concise legal practical information

Special requirements

The experts may be challenged only on the same grounds on which a judge may be challenged.

Last reviewed on 22 September 2022 by EJN Secretariat

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  • Electronic evidence, interception and surveillance (A.50 - A.56)
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