Cap. 9 Art. 399Evidence by commission.

(1) When the court decides that the examination of any witness or any other process of the inquiry by a foreign authority is indispensably necessary, the request for legal assistance and the court’s decision shall be served, within three working days, on the

Attorney General who may, within five working days, make any submissions in writing as he may deem appropriate.

(2) The accused may, not later than four working days from any such decision, submit an additional request for the examination of any witness or any other process of the inquiry, and appoint some person to represent him at the examination or process. Such term may, upon good cause being shown, be extended: Provided that such term as extended shall not exceed thirty days from the date of the decision.

(3) The court shall order the transmission of the request for legal assistance to the foreign authority within three working days upon the expiry of the period referred to in sub-article (2).

(4) The Criminal Court shall have competence to order the transmission of the request for legal assistance to the foreign authority upon an application being made by the Attorney General or the accused upon the expiry of the time period referred to in sub-article (3).

(5) The provisions of article 622B of the Code of Organization and Civil Procedure providing for the audio-recording or video-recording of evidence or by any other means shall apply to a request for the examination of any witness under this article.

(6) The provisions of articles 618 and 619 of the Code of

Organization and Civil Procedure shall apply for the purposes of this article: Provided that where there exists any treaty, convention, agreement or understanding between Malta and another country or which applies to both such countries or to which both such countries are a party, the request shall be made and transmitted in terms of the said treaty, convention, agreement or understanding.

(7) For purposes of this article a letter of request shall contain the following:

(a) the object of and the reason for the request;

(b) details of the person or persons named in the request including, where available, address, date of birth and nationality;

(c) a description of the offences with which a person has been charged and the punishment to which the offences are liable;

(d) a summary of the facts giving rise to the request; and

(e) a copy of the relevant legislation that criminalises the conduct attributed to the offender and gives information on the offence, penalty and rights a person may be afforded.