Maltese law allows private individuals to request the opening of a magisterial inquest. This is an investigation conducted by a magistrate in order to preserve the evidence of an alleged crime.

The law regulating these inquests is in constant flux through legislative amendments, with the latest introduced in April 2025. Today, the law on the matter may be summarised as follows.

• When a Private Citizen May Request an Inquest

A private individual may submit a report, information or complaint to the Executive Police together with a request for an inquest, provided that the alleged offence is punishable by imprisonment of not less than three years and that the subject matter of the offence still subsists. The request must be confirmed on oath and must indicate the identity of the suspected person, the act allegedly committed, the offence or offences allegedly committed, and the connection between the act and the offence, together with any available supporting evidence.

• The Roles of the Executive Police and the Attorney General

After receiving a report, information or complaint accompanied by a private person’s request for the opening of an inquest, the Executive Police shall conduct the necessary investigations and determine whether criminal proceedings should be instituted, whether sufficient grounds for prosecution exist, whether further investigation is required, or whether an inquest ought to be opened.

After carrying out their investigation, the Police must refer the case and investigative acts to the Office of the Attorney General, regardless of whether they believe prosecution should proceed. The Attorney General then decides whether criminal proceedings are to be instituted.

If the Attorney General concludes that prosecution should not be initiated, the Attorney General may order the Police to continue investigating, or notify both the complainant and the suspected person that no prosecution will take place.

In the latter case, the complainant has a right to request the Attorney General to reconsider the decision. Moreover, if within two months, the Attorney General confirms the decision not to prosecute, or no reply is given, the complainant may seek judicial review of that decision under the relevant provisions of the Code of Organisation and Civil Procedure.

• The Role of the Criminal Court

If, following the lapse of six months from the filing of the request, no prosecution has taken place, or no decision not to prosecute has been taken or no inquest has actually been opened, the complainant may file an application before the Criminal Court requesting that the Police be ordered to forward the complaint to a Magistrate for the commencement of an inquest.

The Criminal Court must hear the Executive Police, the complainant, the suspected person and any witnesses in camera and, after considering the admissible evidence, may grant further time for investigation, declare the investigation closed, or order the opening of an inquest.

The law provides that an inquest will only be ordered where, on a balance of probabilities, the Court concludes that the alleged offences could have been committed by the suspected person. If an inquest is ordered, the Police must, within three working days, request the Registrar of the Criminal Courts to assign the matter to the duty Magistrate.  

• Nullity and Termination of an Inquest

An inquest conducted without meeting the legal and factual requirements applicable at the time it was opened, may be declared null and without effect.

Within one year from the closure of the inquest and from delivery of a copy of the procés-verbal to the parties, the suspected person may request the Magistrate to determine whether the report, information, or complaint was unfounded, frivolous, vexatious, or abusive. If so, the Magistrate may order the complainant to pay the costs of the inquest, without prejudice to other legal remedies granted to the suspected person.

Such decision is subject to appeal before the Criminal Court within twelve working days from notification to the aggrieved person.

_{The contents of this article are intended for informational purposes only and should not be construed as legal advice on any matter. Neither do they constitute or create a lawyer-client relationship with any reader. Said contents are not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. No responsibility is accepted for any actions taken or not taken on the basis of this publication.}

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Sport in Malta is no longer governed solely by internal rules and disciplinary committees. In recent years, Maltese sports law has evolved significantly, placing match-fixing, doping, and governance failures firmly within the reach of national legislation and criminal enforcement. This shift reflects a broader recognition that integrity in sport is a matter of public interest — one that requires legal accountability, not just sporting sanctions.

A.    Match-Fixing and Criminal Liability in Malta

One of the most important developments in Maltese sports law is the Prevention of Corruption in Sport Act (Chapter 593). Introduced in 2018, this law criminalises the manipulation of sporting events and provides modern tools to combat match-fixing in Malta.

Its impact became evident in 2024, when the Maltese courts delivered a landmark judgment resulting in mandatory imprisonment for a football official found guilty of match-fixing. The Court of Appeal confirmed that offences under Chapter 593 cannot be punished by a suspended sentence, underscoring that match-fixing is a serious criminal offence with real custodial consequences.

This ruling sent a strong signal to athletes, officials, and administrators: corruption in sport is no longer tolerated as an internal disciplinary matter but prosecuted under Maltese criminal law.

B.    Anti-Doping Law and Sports Integrity

Alongside criminal enforcement, Malta has strengthened its regulatory framework through the Sports Governance and Integrity Act (Chapter 626). Enacted in 2021, this legislation focuses on good governance, integrity, and anti-doping in Maltese sport.

The Act established the Authority for Integrity in Maltese Sport (AIMS), which works alongside NADOMALTA to conduct anti-doping testing, manage results, and impose sanctions for Anti-Doping Rule Violations (ADRVs).

The World Anti-Doping Agency (WADA) Prohibited List applies in Malta. A substance or method may be banned if it:: (i) Enhances or has the potential to enhance sporting performance; (ii)Poses a health risk to the athlete; or (iii) Violates the spirit of sport.

AIMS is also required to publish the names of athletes serving doping bans. This ensures that a ban applies across all sports and acts as a deterrent by highlighting the reputational consequences of doping offences.

C.    Governance Obligations for Sports Organisations

Sports law in Malta now extends beyond athletes to include sports organisations themselves. Under Chapter 626, all sports organisations are legally required to register with AIMS. Registration is mandatory and is directly linked to eligibility for public funding through SportMalta, as is registration with the Office of the Commissioner for Voluntary Organisations (OCVO) and the Malta Business Registry (MBR). Organisations that fail to comply risk being in breach of the law and excluded from government funding schemes altogether.

AIMS registration involves key governance and safeguarding requirements such as certification from the Directorate for Quality & Standards in Education (DQSE). To obtain such a certificate, the organisation must submit:

• A valid Police conduct certificate for each adult involved with its minor members;
• A valid first aid certificate, with at least one qualified first-aider present on the premises at all times;
• Confirmation that all adults directly involved comply with the requirements of the Protection of Minors (Registration) Act, and;
• A risk assessment report or an official letter issued by a registered Health & Safety Officer for the site(s) where the sport activity will be held.

These measures promote transparency, accountability, and athlete protection at every level of Maltese sport.

The Future of Sports Law in Malta

Malta’s evolving legal framework demonstrates a clear commitment to fair play and integrity. Match-fixing and doping are treated as serious legal violations, while sports organisations are required to meet governance and compliance standards as a condition of operation and funding. For athletes, officials, and sports bodies alike, understanding and complying with Maltese sports law is no longer optional — it is essential.

_{The contents of this article are intended for informational purposes only and should not be construed as legal advice on any matter. Neither do they constitute or create a lawyer-client relationship with any reader. Said contents are not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. No responsibility is accepted for any actions taken or not taken on the basis of this publication.}

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