Criminal law in Malta

Malta has one national criminal-law system for Malta and Gozo. The main framework is the Criminal Code, Cap. 9, supplemented by laws such as the Traffic Regulation Ordinance, Dangerous Drugs Ordinance, Juvenile Court Act, Probation Act, Restorative Justice Act and Victims of Crime Act. Courts Services Malta supports the courts, and English and Maltese are the official languages used in the justice system. Criminal responsibility generally depends on an act or omission that matches a legal offence and on the required mental state, such as intention or negligence. Maltese law also covers attempts, participation, conspiracy and, in some circumstances, criminal responsibility of companies. Territorial rules normally connect the offence with Malta, although some offences can also fall within Maltese jurisdiction when conduct or effects extend beyond the country. The offence groups include homicide, grievous bodily harm and violence; sexual offences and offences against minors; theft, fraud, forgery and corruption; trafficking, money laundering and drug offences; and offences affecting public safety. Road offences include dangerous, reckless or negligent driving, driving under the influence of alcohol or drugs, refusing a required specimen, hit-and-run driving, excessive speeding, driving without a licence or insurance, mobile-phone use while driving and failing to use a seatbelt. Act II of 2026 introduced roadside drug testing, stronger consequences for some impaired-driving cases and applications for licence suspension in prosecutions. Penalty points can apply separately as an administrative measure. The Malta Police Force is the primary investigating authority. District Police handle ordinary matters, while specialist sections include Major Crime, Serious and Organised Crime, Financial Crime, Cyber Crime, Forensic Science and Victim Support. A report can be made at any police station. An emergency should be reported through 112. A non-urgent remote report can lead to a callback, a Police Report Number and a digital copy of the report, with specialist referral where appropriate. A suspect who is arrested or questioned has a right to a legal aid lawyer without a means test, or may use a privately chosen lawyer. The lawyer can attend questioning and provide effective assistance. The suspect should receive information about the alleged offence at least one hour before questioning and has protection against compelled self-incrimination and other fair-trial safeguards. A duty lawyer may continue to represent the suspect until the case reaches court. A magisterial inquiry is a judicial investigation used to preserve and examine evidence. It is conducted by a magistrate and can be requested after the police decide not to open a prosecution, subject to review by the Criminal Court or a judge. Since the 2025 reform, victims or close relatives covered by the law should receive status information at least every six months, a free copy of relevant inquiry acts and information about the prosecution decision. The Court of Magistrates handles criminal judicature, inquiries and summary proceedings for lower-level matters. More serious cases may proceed before the Criminal Court on indictment and can involve a jury. The Attorney General prosecutes before the Criminal Court and the Court of Criminal Appeal, while the Police prosecute certain lower or transferred categories. Appeals from the Court of Magistrates are filed with the Criminal Court Registry within 12 working days after judgment when the legal grounds for appeal exist. Sanctions can include imprisonment, a multa or ammenda, disqualification, confiscation and a suspended sentence. Courts can also impose a Probation Order for one to three years, a Community Service Order involving 40 to 480 unpaid hours, a Combination Order combining one to three years of probation with 40 to 100 hours of community service, or a Treatment Order lasting one to five years. Parole is considered through the Parole Board. These measures can combine punishment with supervision, rehabilitation or treatment. Victims of crime can receive clear information, an acknowledgement and copy of a police complaint, information about proceedings and release, protection, interpretation or translation, legal aid, compensation and access to restorative justice. The Victim Support Agency provides free emotional, legal and information support. The National Support Line is 116006 and operates daily from 7:30 to 19:30. Victim-Offender Mediation is possible only when the case is eligible, the arrangement is suitable and safe, and both sides give informed and voluntary consent; the offender must acknowledge the basic facts. An agreement remains confidential and may affect sentencing, but it does not replace a finding of guilt. Criminal Injuries Compensation may be available to Maltese or EU citizens and habitual residents for intentional violent crime. The crime should be reported to the police without delay or lead to criminal proceedings, and the application normally has to be made within one year of the offence. A reduction or refusal can apply where the victim contributed to the harm. Children under 14 have no criminal responsibility. A child aged 14 to under 16 normally has no responsibility unless the court finds mischievous discretion, while a person aged 14 to under 16 with that finding and a person aged 16 to under 18 generally receive reduced penalties. The Juvenile Court is a division of the Court of Magistrates for charges against children and young people. In practice, it mainly deals with people under 16; 16- and 17-year-olds generally fall under ordinary criminal jurisdiction with age-related mitigation. A parent or guardian may sometimes be bound over instead of the child receiving a criminal conviction. Digital offences under Sub-title V of the Criminal Code include unlawful access, use, copying, modification or output of computer data, interception, misuse of access codes or passwords, malware and misuse of hardware. Malta may have jurisdiction when a system is linked to Malta even if part of the conduct occurred abroad. Standard penalties can reach a multa of €23,293.73, imprisonment for four years, or both; aggravated cases can involve a multa of €500 to €150,000 and imprisonment from 12 months to 10 years. The Malta Police Cyber Crime Unit investigates these matters and can refer cases to specialist sections.