Law of Evidence at Malta
Malta's law of evidence is primarily governed by the Criminal Code (Chapter 9 of the Laws of Malta) and the Code of Organization and Civil Procedure (COCP). These statutes outline the rules for the admissibility, evaluation, and presentation of evidence in both criminal and civil proceedings.
📘 Criminal Code (Chapter 9)
The Criminal Code serves as the cornerstone of criminal law in Malta, detailing offenses, procedures, and evidentiary standards. It incorporates principles from both civil and common law traditions, reflecting Malta's legal heritage.
📄 Code of Organization and Civil Procedure (COCP)
The COCP governs civil proceedings and includes comprehensive provisions on evidence. It mirrors many common law principles, particularly in areas such as witness testimony, documentary evidence, and the treatment of hearsay.
Key Provisions:
Article 598: As a general rule, hearsay evidence is inadmissible. However, the court may allow such evidence if it is of substantial importance or if the original witness cannot be produced, provided the evidence is corroborated by other admissible evidence.
Article 638: The "best evidence" rule requires that the most reliable and original form of evidence be presented. For instance, when a document is in dispute, the original document should be produced rather than a copy.
Witness Testimony: Witnesses are generally required to testify in person. Exceptions may apply, such as when a witness is deceased or otherwise unavailable, in which case affidavits or prior statements may be considered.
⚖️ Application in Practice
Malta's legal system emphasizes the importance of reliable and direct evidence. Judicial decisions often reflect a cautious approach to admitting evidence, ensuring that it meets established legal standards. For example, in cases involving deceased witnesses, courts have allowed the use of affidavits if corroborated by other admissible evidence.
📚 Further Reading
For a comprehensive understanding of Malta's law of evidence, you may refer to the following resources:
Criminal Code (Chapter 9):
Code of Organization and Civil Procedure:
Malta University Press - Criminal Law: Law of Evidence:
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