S.L. 9.17 Art. 11Grounds for non- recognition. [

(1) Subject to the provisions of regulation 12, a judgment shall not be recognized by the Attorney General if:

(a) the certificate provided for in Schedule II is not produced, is incomplete or manifestly does not correspond to the judgment and has not been completed or corrected within a reasonable deadline set by the competent authority of the executing State;

(b) the provisions of regulation 6 are not satisfied;

(c) enforcement of the sentence would be contrary to the principle of ne bis in idem;

(d) the act on which the judgment is based is not one falling within the list of scheduled conduct and does not constitute an offence under the law of Malta;

(e) the enforcement of the judgment is barred by prescription according to the law of Malta;

(f) there is an immunity or privilege under the law of Malta which makes it impossible to enforce the judgment;

(g) the sentence has been imposed on a person who, under the law of Malta, owing to his age, could not have been held criminally liable for the acts in respect of which the judgment was issued;

(h) at the time the judgment was received less than six months of the sentence remain to be served;

(i) according to the certificate provided for in Schedule II, the person did not appear personally at the trial resulting in the decision, unless the said certificate states that the person, in accordance with procedural requirements defined in the law of the issuing State:

(i) in due time was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the judgment, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he was aware of the scheduled trial and was informed that a decision may be handed down if he does not appear for the trial, or

(ii) being aware of the scheduled trial, had given a mandate to his legal counsel appointed by the said person or by the State, to defend him at his trial, and was indeed defended by the said legal counsel at the trial, or

(iii) after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, he expressly stated that S.L.9.17 IN THE EUROPEAN UNION)

he does not contest the decision, or he did not request a retrial or an appeal within the applicable time-frame;

(j) before a decision is taken on the recognition of the judgment a request is made to the issuing State in terms of Article 18(3) of the Arrangement, and the issuing State does not consent, in accordance with Article 18(2)(g) of the Arrangement, to the person concerned being prosecuted, sentenced or otherwise deprived of his liberty in the executing State for an offence committed prior to the transfer other than that for which the person was transferred;

(k) the sentence imposed includes a measure of psychiatric or health care or another measure involving deprivation of liberty, which, notwithstanding the provisions of regulation 14(3) cannot be executed in Malta in accordance with its legal or health care system;

(l) the judgment relates to criminal offences which:

(i) under the law of Malta, are regarded as having been committed wholly or partly within its territory, or

(ii) were committed outside the territory of the issuing State, and the law of Malta does not permit legal proceedings to be taken in respect of such offences where they are committed outside the Maltese territory.

(2) Before a decision is taken by the Attorney General to refuse recognition of the judgment in cases referred to in sub-regulation (1)(a), (b), (c), (i), (k) and (l), the competent authority of the executing State shall be consulted and shall, where appropriate, be requested to supply any necessary additional information without delay:

Provided that any decision under sub-regulation (1)(l) shall be taken by the Attorney General in exceptional circumstances and on a case-by-case basis, having regard to the specific circumstances of the case, and in particular to whether a major or essential part of the conduct in question has taken place in the issuing State.

(3) The competent authority of the issuing State may also be consulted by the Attorney General in cases where it is deemed possible to give partial recognition to the judgment and enforcement of the sentence with a view to finding an agreement as provided for under this sub-regulation:

Provided that if agreement is reached to give partial recognition and enforcement of the sentence in accordance to conditions set out by them, such recognition and enforcement does not result in the aggravation of the duration of the sentence, and in the absence of such agreement, the certificate shall be withdrawn.