S.L. 9.14 Art. 8Grounds for non- recognition and non-execution.

(1) A decision shall not be recognized by the Attorney

General if -

(a) the certificate is not produced, is incomplete or manifestly does not correspond to the decision;

(b) the decision against the sentenced person in respect of the same acts has:

(i) been delivered in Malta, or

(ii) in any State other than Malta or in the issuing State, provided the decision has been executed;

(c) the act on which the decision is based is not one falling within the list of scheduled conduct and does not constitute an offence under the law of Malta;

(d) the execution of the decision is barred by prescription according to the law of Malta and the decision relates to acts which fall within the jurisdiction of the Maltese criminal courts whether at first instance or on appeal;

(e) the decision relates to acts which:

(i) are regarded by the laws of Malta as having been committed in whole or in part on Maltese territory or in a place treated as such, or

(ii) have been committed outside the territory of the issuing State and the law of Malta does not allow prosecution for the same offences when committed outside its territory;

(f) there is an immunity under the law of Malta which makes it impossible to execute the decision;

(g) the decision has been imposed on a person with regard to acts for which he would have been exempted from criminal responsibility under the criminal law of Malta by reason of his age;

(h) according to the certificate the person concerned:

(i) in case of a written procedure was not, in accordance with the law of the issuing State, informed personally or through a representative, competent according to national law, of his right to contest the case and of time limits of such a legal remedy; or

(ii) did not appear personally at the trial resulting in the decision, unless the said certificate states that the person, in accordance with procedural requirements defined in the law of the issuing State:

(a) in due time was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he was aware of the scheduled trial and was informed that a decision may be handed down if he does not appear for the trial; or

(b) being aware of the scheduled trial, had given a mandate to his legal counsel appointed by the said person or by the State, to defend him at his trial, and was indeed defended by the said legal counsel at the trial; or

(c) after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which he has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined and which may lead to the original decision being reversed, he expressly stated that he does not contest the decision or he did not request a retrial or an appeal within the applicable time-frame; or

(iii) the person did not appear in person, unless the certificate states that the said person, having been expressly informed about the proceedings and the possibility to appear in person in the trial, expressly waived his right to an oral hearing and has expressly indicated that he does not contest the case;

(i) the financial penalty is less than seventy euro (€70);

(j) if the certificate gives rise to an issue that fundamental rights or fundamental legal principles enshrined in the Treaty have been infringed.

(2) Before making a decision refusing to recognise and execute a decision on any of the grounds mentioned in sub-regulation (1)(a), (d) and (h), whether totally or in part, the Attorney General shall consult the competent authorities of the issuing State by any appropriate means, and where appropriate, shall ask them to supply any necessary information without delay.