Questionnaire Malta
I.7 Can the prosecution service refuse to proceed with a case, after the case has been investigated and sent in by the police, on grounds other than the application of the expediency principle, or other than technical reasons (insufficient evidence, time limits, etc.)?
No. The prosecution service may only refuse to
proceed with a case as mentioned above, i.e. on the grounds of the expediency
principle, which is locally known as nolle prosequi.[1] Sect.
433(1) CC provides that:
‘(1) If the Attorney General in whom the functions of prosecution are vested is of opinion that there are not sufficient grounds for the filing of an indictment against the accused, he may, within the terms prescribed in the last preceding sect., by warrant under his signature, order the discharge of the accused, filing a declaration to that effect in the Criminal Court.
(2) The Attorney General may also withdraw an indictment already filed, by making in court a declaration to that effect.’
‘(1) If the Attorney General in whom the functions of prosecution are vested is of opinion that there are not sufficient grounds for the filing of an indictment against the accused, he may, within the terms prescribed in the last preceding sect., by warrant under his signature, order the discharge of the accused, filing a declaration to that effect in the Criminal Court.
(2) The Attorney General may also withdraw an indictment already filed, by making in court a declaration to that effect.’
[1] Although the crimes set out in the criminal code are continental in nature, criminal procedure is purely the result of civil law influence.
