23/07/2019

OF CRIMINAL APPEAL (INFERIOR)

BUGEJA AARON

THE POLICE vs MORE CHRISTOPHER GUEST

ECLI:MT:AKI:2019:118000

FINAL JUDGEMENT

THE POLICE vs MORE CHRISTOPHER GUEST - 180/2019 - TA' L-APPELLI KRIMINALI (INFERJURI), MALTA

This was a case of EAW where the appellant was surrendered to the UK authorities on the basis of authenticated evidence. With the adoption of the Framework Decision, the European Union decided to make a paradigm shift in relation to the extradition of fugitive criminals. Indeed, this was the shiftfrom extradition to surrender, which has had very serious legal and practical implications. Of course this shift had, and still has, its fair share of controversy and disputes. However this shift is real and is having real implications in concrete cases. The difference between surrender and traditional extradition is of a procedural nature. The EAW did away with the traditional and formal extradition procedures. It shifted the surrender of a person from the political realm to the judicial realm.The Malta Order does not do away with the general principles of criminal procedure; however it introduces certain provisions that are aimed to ease and facilitate EAW proceedings. Maltese Law does not spell this out clearly, but in the absence of a specific provision on the matter it is reasonableto conclude the where the Special Law is silent on the matter, the Ordinary Law of the Land applies.