Production of evidence - national proceedings

Republic of Malta

Malta - Criminal Code 1854 (2023) EN

55AV. The investigating officer may in person, by application or by facsimile, request a Magistrate to authorise the necessary procedure -

(a) where he has reasonable grounds to require the taking of intimate samples from the person arrested; or
(b) to take photographs, a film, video recording or electronic image of intimate parts of the body of the person arrested; or
(c) where the person arrested withholds his consent for any procedure which the investigating officer may carry out according to law with the consent of the person arrested and the provisions of the proviso to article 355BB shall, mutatis mutandis, apply:

Provided that where the request falls under paragraph (a), the provisions of article 355AW shall apply and, if the request falls under paragraph (b), the provisions of article 355AP shall mutatis mutandis apply.

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;