Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 351Power to stop and search.
Sub-title I
(1) A police officer may, in a public place, or in any place to which the public is admitted, even against payment of an entrance fee, search any person or vehicle, if he has a reasonable suspicion that the search will discover the possession of things, which are prohibited, stolen or acquired as the result of any offence whatsoever, or which may be used or may have been used in the commission of an offence or which may serve in the investigation of an offence.
(2) For the purposes of sub-article (1), the Police may stop a person or a vehicle until the search is performed and shall seize any thing discovered during the search and the possession of which is prohibited or which may be connected with an offence.
(2a) A Police officer may search a person, vehicle, ship, vessel or boat, cargo or aircraft to carry out discreet checks, inquiry checks or specific checks as referred to in Article 36 or Article 38 of Regulation
(EU) 2018/1862 establishing the Schengen Information System or, if he has reasonable suspicion that the search will detect persons subject to an alert in accordance with Article 32 thereof.
(3) Pursuant to and for the purposes of the Convention of the 19th June, 1990 implementing the Schengen Agreement of the 14th June, 1985 an offence under this article shall be deemed to be an offence even when committed outside Malta.
Amendment history
- Amended by XXXVII.2025.6
Refers to
- Cap. 9 Art. 32
- Cap. 9 Art. 36
- Cap. 9 Art. 38