S.L. 9.21 · European Protection Order (Execution) (S.L. 9.21)
S.L. 9.21 Art. 11Effect of decision and other measures. Cap. 9.
(1) The following provisions of this regulation shall apply where a protection order is transmitted to a court of criminal jurisdiction under regulation 10.
(2) The provisions of article 412C of the Criminal Code shall mutatis mutandis apply to a European protection order executed under this regulation as if it were an order made under the said article 412C.
(3) A court of criminal jurisdiction shall, without delay, recognise a European protection order and take a decision adopting any measure that would be available under the laws of Malta in a similar case in order to ensure the protection of the protected person unless it decided to invoke one of the grounds for non-recognition referred to in regulation 9.
(4) The measure adopted by the court in accordance with subregulation (3), as well as any other measure taken on the basis of a subsequent decision as referred to in regulation 12, shall, to the highest degree possible, correspond to the protection measure adopted in the issuing State.
(5) The court shall inform the person causing danger, the competent authority of the issuing State and the protected person of any measures adopted in accordance with subregulation (3), as well as of the possible legal consequence of a breach of such measure provided for under national law and in accordance with regulation 12(2). The address or other contact details of the protected person shall not be disclosed to the person causing danger unless such details are necessary in view of the enforcement of the measure adopted in accordance with subregulation (3).
(6) If the court considers that the information transmitted with the European protection order in accordance with regulation 7 is incomplete, it shall without delay inform the competent authority of the issuing State by any means which leaves a written record, assigning a reasonable period for it to provide the missing information.
(7) A European protection order shall be recognised with the same priority which would be applicable in a similar national case, taking into consideration any specific circumstances of the case, including the urgency of the matter, the date foreseen for the arrival of the protected person in Malta and, where possible, the degree of risk for the protected person.
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- S.L. 9.21 Art. 412