Filing a Criminal Complaint or Report in Malta

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.

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]

Replace all bracketed placeholders with the complainant's actual details and a precise, factual account of the events; attach copies of any supporting evidence and keep the original report reference number issued by the police.

Frequently Asked Questions

Related Guides

This template is based on the Malta legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius MT