Search and seizure - national proceedings

Republic of Malta

Malta - Extradition Act 1982 (2014) EN


23.* (1) The Minister may, through the Commissioner of Police, seize and hand over to the requesting country any property -
(a) which may be required as evidence in that country; or
(b) which has been acquired as a result of the offence and
which, at the time of the arrest of the person whose return is requested, is found in the possession of such person or is discovered subsequently.
(2) The property referred to in subarticle (1) may be handed over to the requesting country even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person whose return is requested.
(3) When the said property is liable to seizure or confiscation in Malta, the Minister may, in connection with proceedings that are pending or with proceedings about to be taken, temporarily retain such property or hand it over to the requesting country on condition that it be returned.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;