Can I refuse to answer police questions without a lawyer present in Malta?
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Can I refuse to answer police questions without a lawyer present in Malta?

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13.06.2026

I was asked to come in for police questioning in Malta in relation to an ongoing investigation, though I haven’t been arrested. I’m not sure whether I have the right to have a lawyer present, or whether I even have to answer questions at all in this situation.

Site Administration 15.06.2026
reply date: 15.06.2026

Under the Criminal Code, Chapter 9 of the Laws of Malta, a person being questioned by the police in connection with a criminal investigation generally has the right to legal assistance, which includes the right to consult with a lawyer, and in the context of formal questioning as a suspect, this right to have a lawyer present has been strengthened in Maltese law in recent years in line with EU standards on the right of access to a lawyer in criminal proceedings. You are also generally not obliged to answer questions that might incriminate you, reflecting the broader principle against self-incrimination, though declining to answer certain questions can, in specific circumstances defined by law, potentially have evidential consequences later, which is exactly the kind of nuance where having a lawyer present to advise you in real time becomes important rather than trying to navigate it alone. Before attending any formal police interview, even if you have only been asked to 'come in for a chat' rather than formally arrested, it is strongly advisable to arrange for a lawyer to accompany you, since your rights and the correct approach can depend heavily on the specific nature of the investigation and questions being asked.

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