What counts as self-defence under Maltese criminal law?
- 27.06.2026
Police came to my apartment in Malta and wanted to search it in connection with an investigation, but they did not show me any written warrant, just said they had ‘authority’ to enter. Is this legal, and what should I have done in that moment?
Under the Criminal Code, Chapter 9 of the Laws of Malta, the general rule is that entry and search of a private residence requires a warrant issued by a Magistrate, but the law does also provide for specific, narrowly defined circumstances where police may enter and search without a warrant, such as situations involving genuine urgency, ongoing criminal activity, or particular categories of offences set out under the relevant provisions governing powers of entry and search without warrant. Whether the police acted lawfully in your specific case depends heavily on exactly what circumstances they claimed justified entry without a warrant, and this is a factual and legal question that needs careful review of what actually happened, what was said, and whether any of the recognised exceptions genuinely applied. If items were seized or evidence gathered during a search you believe was unlawful, this can potentially affect whether that evidence is admissible later, which is a significant issue worth raising with a criminal lawyer as soon as possible. Going forward, if police attend again claiming authority to search, it is reasonable to calmly ask them to state the specific legal basis for entry without a warrant.
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