Filing a Criminal Complaint or Report in Malta
Any person who becomes aware of a criminal offence may report it to the Executive Police or bring the matter to the attention of the competent authorities. This guide explains where and how to file a complaint, what it should contain, the position of victims, and the consequences of a knowingly false report.
Where and how to report an offence
A report, information or complaint about an offence in Malta is normally lodged with the Executive Police, who are competent to receive such reports and, where the offence is serious, to request the Magistrate to hold an inquest on the spot in relation to the subject-matter of the offence, as contemplated by Chapter 9, Section 546.
Malta's criminal jurisdiction extends to offences committed in Malta, on the sea within Malta's territorial jurisdiction, on board Maltese vessels and aircraft, and, in certain circumstances, to offences committed abroad by Maltese citizens or permanent residents, as set out in Chapter 9, Section 5. This determines whether the Maltese police or prosecuting authorities have the power to act on a given report.
For offences liable to imprisonment exceeding three years, the law provides for a formal investigative procedure, including an inquest, which may be requested by the Attorney General or the Executive Police upon receipt of the report, information or complaint, in terms of Chapter 9, Section 546.
What the complaint should contain
- Full name, identity document number and contact details of the complainant.
- A clear and chronological description of the facts, including date, time and place of the alleged offence.
- Identification (if known) of the alleged offender or offenders.
- Description of any evidence, including the state and nature of any physical object or instrument connected with the offence, since the state and particulars of the subject-matter of the offence are relevant where an inquest may be requested under Chapter 9, Section 546.
- Names and contact details of any witnesses.
- Any supporting documents, photographs, medical reports or other material available.
Position and rights of the victim
Malta has established mechanisms to support victims of crime, including a Victim Support Unit whose functions include the establishment of a Victims of Crime Charter and the coordination of services to meet the needs of victims, as provided by Chapter 516, Section 27.
A victim may, in appropriate cases and where the offender is eligible, be referred to victim-offender mediation, whether by the Court at any stage of the proceedings or upon request of the prosecutor, the offender's advocate or the probation officer, in accordance with Chapter 516, Section 31. However, offences arising from acts constituting gender-based violence or domestic violence are excluded from mediation under Chapter 516, Section 30.
For mediation to proceed, both the victim and the offender must be capable of and must voluntarily agree to participate, and the offender must have formally admitted to the offence, as set out in Chapter 516, Section 32.
Warning: false or malicious reports
A complainant must report facts truthfully and in good faith. The passages available to this guide do not set out the specific Criminal Code provisions on false denunciation or malicious reporting to the police; readers should verify the exact article and applicable penalties in the current version of the Criminal Code before filing a report, particularly where there is any doubt as to the accuracy of the facts being reported.
Separately, it is noted that under whistleblowing legislation, knowingly providing false information is an offence punishable in accordance with article 101 of the Criminal Code, as stated in Chapter 527; this illustrates the general seriousness with which Maltese law treats false reports made to protect or trigger official action, even though this particular provision concerns whistleblower disclosures rather than ordinary police complaints.
Step-by-Step Guide
- Gather all available evidence, documents and details of witnesses before attending the police station.
- Attend the nearest police station of the Executive Police, or contact the appropriate district office, and formally report the facts.
- Ensure the report records your identity, a full description of the facts, and details of the alleged offender if known.
- Request a copy or reference number of the report for your records, and retain any acknowledgment given by the police.
- Where the offence is serious, cooperate with any further investigation or inquest that may be requested by the Attorney General or the Executive Police under Chapter 9, Section 546.
Template Criminal Complaint / Report to the Executive Police
TO: The Executive Police [Name of Police Station / District] [Address] Malta DATE: [date] CRIMINAL COMPLAINT / REPORT OF AN OFFENCE 1. Complainant's details: Name and surname: [full name] ID Card / Passport number: [number] Address: [address] Telephone: [phone number] Email: [email address] 2. Details of the alleged offender (if known): Name and surname: [full name, or "unknown"] Address (if known): [address] Other identifying details: [description, vehicle registration, etc.] 3. Description of the facts: Date of the alleged offence: [date] Time: [time] Place: [exact location] Description of what occurred: [detailed, chronological account of the facts, including how the complainant became aware of the offence, what was said or done, and any damage or harm suffered] 4. Evidence and witnesses: Witnesses (name, address, contact details): [list] Documents / photographs / other evidence attached: [list] Description and state of any object or instrument connected with the offence: [description] 5. Declaration: I, the undersigned, declare that the facts set out above are true and accurate to the best of my knowledge and belief. I am aware that knowingly making a false report to the police may expose me to criminal liability, and I confirm that this complaint is made in good faith. Signed: ______________________ Name: [full name] Date: [date] (For police use only) Report reference number: [to be completed by police] Officer receiving report: [name and rank]
Sources from the Europaius Corpus
Frequently Asked Questions
Where should I file a criminal complaint in Malta?
A report or complaint about an offence is normally made to the Executive Police, who receive such reports and may, for serious offences, request the Magistrate to hold an inquest under Chapter 9, Section 546.
Can I report an offence that happened abroad if I am a Maltese resident?
In certain circumstances Malta's courts have jurisdiction over offences committed abroad by Maltese citizens or permanent residents, as described in Chapter 9, Section 5; it is advisable to report the matter to the Executive Police, who can assess jurisdiction.
What support is available to victims after filing a complaint?
Victims can access services coordinated by the Victim Support Unit, established under Chapter 516, Section 27, and in appropriate cases may be referred to victim-offender mediation, subject to eligibility requirements in Chapter 516, Section 32.
What happens if my complaint turns out to be false?
The passages reviewed for this guide do not specify the exact Criminal Code provision on false denunciation to the police, so this point should be verified directly in the current Criminal Code; generally, Maltese law treats the knowing provision of false information to authorities as a serious matter, as illustrated by the offence referenced in Chapter 527 in the whistleblowing context.