General

The Laws of Malta are publicly available on the official portal of the Ministry of Justice: https://legislation.mt/Legislation.(https://legislation.mt/Legislation)

Criminal actions are actions by the Executive Police or the State against an accused, which actions are prosecuted before the courts of criminal jurisdiction. In these actions, a form of punishment is demanded against the accused. Punishments come in different forms; amongst the most common are (a) imprisonment, (b) solitary confinement, (c) interdiction, or (d) fine (multa). On the other hand, civil actions are matters between private individuals brought before the courts of civil jurisdiction. In civil actions, the courts deal with private matters only. This means that the Civil Courts cannot order the execution of any criminal punishment.

A magistrate is a member of the judiciary who presides over the inferior courts (such as the Court of Magistrates). A judge presides over the superiour courts, such as the Civil Court, First Hall, the Criminal Court, and the courts of appeal.

Generally, court sittings are not held during Summer and over the Christmas Holiday, unless the case is of an urgent nature or those cases which must be appointed and heard within a specified time-frame. The Court's calendar year is divided into three session: (1) the Victory session which commences on the 1st of October; (2) the Epiphany session which commences on the 7th of January; and (3) the Pentecost session which commences on the the Thursday after Easter Sunday. During each of these sessions, the Court goes on vacation for several days: (1) during the Victory session from the 17th of December until the 6th of January; (2) during the Epiphany session from Wednesday in Holy Week to Wednesday after Easter Sunday; and (3) during the Pentecost session, from the 16th of July until the 15th of September.

Yes. In fact, Every court executive officer may refuse entry into the precincts of the Courts of Justice or into any courtroom to any person who, in his or her opinion, is not properly dressed. In cases where a person has been summoned to appear before a court or tribunal the s aid officer shall, before proceeding further, inform the Judge, Magistrate or member of the tribunal before whom that person was due to appear, and shall take instructions from the said Judge or Magistrate or member of the tribunal as to how he should proceed.

Prescription is the means by which a right or an action may be extinguished or be acquired. The law provides for various prescription periods, depending on the situation. For instance, a criminal action may become time-barred on the passing of a specific period. Furthermore, one may acquire ownership of a property upon having possession of it, peacefully and uninterruptedly for a period of thirty years.

Aside from professional confidentiality, an advocate is obligated to keep the affairs of clients confidentiality and to guarantee that his or her staff does the same. The responsibility to keep information about a client and his or her affairs secret applies regardless of the source of the information.