22/11/2016

OF CRIMINAL APPEAL (INFERIOR)

MIZZI ANTONIO

THE POLICE vs VAN OUDENHOVE JOHAN GERMAINE CORNEILLE

ECLI:MT:AKI:2016:103872

FINAL JUDGEMENT

THE POLICE vs VAN OUDENHOVE JOHAN GERMAINE CORNEILLE - 502/2016 - TA' L-APPELLI KRIMINALI (INFERJURI), MALTA

The Court of Criminal Appeal was of the opinion that notwithstanding the latest amendment of the lawrelating to the European Arrest warrant the position remains unchanged in the sense that no extradition is to be granted for the purposes of a simple investigation where the person who is extraditeddoes not enjoy the same safeguards enshrined in our Constitution, prior to being accused of a crime.If, on the other hand, the person to be extradited has already been accused in Court with his committing a crime then the extradition is to be granted. This would mean that the person would be charged in the Court of the requesting State and he would have to answer to such a charge or charges. After an evaluation of the evidence presented the Court concluded that the Belgian authorities had concluded their investigations and the return to the Kingdom Of Belgium of the appellant would lead to his being charged under article 491 of the Belgian Criminal Code.