S.L. 276.8 Art. 68Extraditable offences.

(1) Conduct constitutes an extraditable offence in relation to Malta if these conditions are satisfied:

(a) the conduct occurs in Malta;

(b) the conduct is punishable under the laws of Malta with imprisonment or another form of detention for a term of twelve months or a greater punishment.

(2) Conduct also constitutes an extraditable offence in relation to Malta if these conditions are satisfied:

(a) the conduct occurs outside Malta;

(b) the conduct constitutes an extra-territorial offence punishable under the law of Malta with imprisonment or another form of detention for a term of twelve months or a greater punishment.

(3) Subarticles (1) and (2) do not apply, however, in relation to conduct of a person if -

(a) he is alleged to be unlawfully at large after conviction by a court in Malta of the offence constituted by the conduct, and

(b) he has been sentenced for the offence.

(4) Conduct also constitutes an extraditable offence in relation to Malta if these conditions are satisfied:

(a) the conduct occurs in Malta;

(b) a sentence of imprisonment or another form of detention for a term of four months or a greater punishment has been imposed in Malta in respect of the conduct.

(5) Conduct also constitutes an extraditable offence in relation to Malta if these conditions are satisfied:

(a) the conduct occurs outside Malta;

(b) the conduct constitutes an extra-territorial offence;

(c) a sentence of imprisonment or another form of detention for a term of four months or a greater punishment has been imposed in Malta in respect of the conduct.

(6) The relevant proceedings are the proceedings in which it is necessary to decide whether conduct constitutes an extraditable offence.

(7) Subarticles (1) to (5) apply for the purposes of articles 62 to 67.

(8) Notwithstanding the foregoing provisions of this article, conduct also constitutes an extraditable offence in relation to Malta if in relation to the said conduct a decision on supervision measures in terms of the Decisions on Supervision Measures (Execution in the European Union) Regulations was issued, even when the conduct is not punishable with imprisonment or another form of detention for a term of twelve months or a greater punishment.

Treatment of persons returned to Malta