By Alizée Micallef, Junior Associate
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.