Can a criminal conviction in Malta be appealed, and how long do I have?
- 19.08.2026
Someone filed a police report against me in Malta over what I believe was a minor personal dispute, but they’ve now told me directly they want to withdraw the complaint and don’t want to pursue it further. Does that automatically mean the whole matter goes away?
This depends heavily on the specific offence involved. Under the Criminal Code, Chapter 9 of the Laws of Malta, certain less serious offences do require a formal complaint by the injured party before criminal proceedings can even be instituted, and in those categories, a genuine and properly formalised withdrawal of the complaint can result in proceedings not going forward or being discontinued. However, many criminal offences in Malta are prosecuted independently of the wishes of the alleged victim once the police or the Office of the Attorney General decide there is sufficient basis to proceed, meaning the state, rather than the individual complainant, ultimately controls whether the matter is pursued, and an informal statement that someone 'doesn't want to pursue it' does not automatically bind the police or courts in those cases. The correct next step depends on exactly what offence is being alleged and at what stage the process currently stands, whether it's still at police investigation stage or has already been referred to the Courts of Magistrates. Given the legal nuance involved, this is a situation where speaking with a criminal defence lawyer promptly to understand your specific exposure is important, rather than assuming the matter is automatically resolved.
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