The ‘in genere’ inquiry under Maltese law : an analysis of the system

Abstract

The legal framework, purposes, and differences between the two kinds of In Genere inquests under Maltese criminal law are all covered in this study. The goal of an In Genere investigation is to ascertain if a criminal offense may have happened, mostly through the preservation and study of evidence under judicial supervision, rather than to prove guilt. Protecting material traces, clarifying their origin, and, if feasible, identifying a suspect are its primary goals. Three requirements are outlined in Article 546 of the Criminal Code for starting such an investigation: the presence of material evidence, an offense carrying a sentence of more than three years in prison, and the existence of a report, information, or complaint. According to the legislation, there are two kinds of In Genere inquests: those started by the AG, Executive Police, and those requested by private individuals. In the first type, the Magistrate ensures prompt evidence preservation by starting the investigation as soon as the request is received, even verbally in urgent circumstances. When needed, the magistrate may designate experts and assign specific investigating duties to police personnel. On the other hand, the second kind, which was changed by Act VIII of 2ti25, compels private citizens to wait up to six months before submitting a court application to the CC after first filing a police report. Identifying the suspect, defining the alleged offense, and providing supporting documentation under oath are further requirements. With a court eventually determining whether the investigation should continue, this method adds more procedural complexity and judicial screening. The form of initiation, procedural requirements, level of court discretion, and the suspect's role are among the main distinctions. State-initiated investigations emphasize promptness and adaptability, whereas privately requested investigations focus on abuse prevention measures. The study also emphasizes procedures like the repertus, the experts, and the evidential significance of the procès-verbal, all of which support the inquiry's evidentiary purpose within the larger criminal justice process.