S.L. 9.25 · European Investigation Order (S.L. 9.25)
S.L. 9.25 Art. 12Recognition and execution.
(1) the court of criminal jurisdiction or the Police shall recognise an EIO, transmitted in accordance with these regulations, without any further formality being required, and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, unless that authority decides to invoke one of the grounds for non-recognition or non-execution or one of the grounds for postponement provided for in these regulations.
(2) The executing authority shall comply with the formalities and procedures expressly indicated by the issuing authority in the issuing State unless otherwise provided in these regulations and provided that such formalities and procedures are not contrary to the fundamental principles of law of Malta.
(2A) The Attorney General shall certify that the EIO was issued by a competent issuing authority in the issuing State.
(3) Where a court of criminal jurisdiction or the Police as executing authority receives an EIO which has not been issued by an issuing authority as specified with sub-regulation (2), the court of criminal jurisdiction or the Police, as the case may be, shall return the EIO to the issuing State.
(4) The issuing authority may request that one or more authorities of the issuing State assist in the execution of the EIO in support to the competent authorities of the executing State to the extent that the designated authorities of the issuing State would be able to assist in the execution of the investigative measures indicated in the EIO in a similar domestic case. The executing authority shall comply with this request provided that such assistance is not contrary to the fundamental principles of law of the executing State or does not harm its essential national security interests.
(5) The authorities of the issuing State present in the executing State shall be bound by the law of the executing State during the execution of the EIO. They shall not have any law enforcement powers in the territory of the executing State, unless the execution of such powers in the territory of the executing State is in accordance with the law of the executing State and to the extent agreed between the issuing authority and the executing authority.
(6) The issuing authority and executing authority may consult each other, by any appropriate means, with a view to facilitating the efficient application of this regulation.
Änderungsgeschichte
- Amended by L.N. 451 of 2020