WORLD TRADE
ORGANIZATIONIP/N/6/MLT/1
11 May 2000
(00-1929)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Malta
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedure and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The Civil Court First Hall and the Court of Appeal have jurisdiction over intellectual property
right cases.
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
Right holders and licensees have the right to assert intellectual property rights.
To institute a court case one has to file written pleadings signed by a lawyer.  A party to a
case may be represented by a general or special mandatory (attorney).  There are no compulsory
requirements for personal appearances before the Court by the right holders.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
The Court may request the parties and third parties to produce evidence which lies within
their control.
4. What means exist to identify and protect confidential information brought forward as
evidence?
The Court may provide that a case be heard in camera  and/or that documentary evidence be
kept confidential subject to right of access thereto by the parties to the case.  Demands for the
protection of information must also be relevant to the case before the Court and vexatious or
unnecessary demands for the production of confidential information may be denied by the Court.
                                                     
1 Document IP/C/5.IP/N/6/MLT/1
Page 2
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
5.1 General
5.1.1 Injunctions
The Courts may issue a precautionary warrant against a defendant to a court case and an
executive warrant against a losing party after a definitive judgement.  Precautionary warrants include:
- the warrant of prohibitory injunction which may be used to stop a person from doing
anything which prejudices the right of the plaintiff;
- a garnishee order freezing the defendants property in the hands of third parties;- a warrant of seizure seizing the defendants property;  and- a warrant of description to draw up an inventory of property in the hands of the
defendant.
The warrant of seizure and the garnishee order may also be issued as executive warrants
which also include the warrant of ejection or expulsion from innovable property, and the warrant of
injunction ordering the imprisonment of a person until the performance of an act ordering by a
judgement if there are no other means of execution.
5.1.2 Damages, including recovery of profits, and expenses, including attorney's fees
Under Maltese Law damages include both loss of profit and loss of earnings.  Expenses
incurred due to the fault of other parties and lawyers fees and also recoverable in accordance to the
Court judgement.
5.2 Specific – Trademarks (as per Trademarks Bill Nº 38 of 29 February 2000)
5.2.1 Injunctions
An infringement of a registered trademark is actionable by the proprietor of the trademark by
writ of summons to be filed in the First Hall of the Civil Court.  In an action for infringement all such
relief as is available in respect of the infringement of any other property right shall be available to theplaintiff.  (Section 14(1) & (2))
Any person aggrieved by groundless threats of in fringement proceedings, may by means of a
writ of summons before the Civil Court, First Hall, request relief by virtue of an injunction against the
continuance of such threats.  (Section 20(2)(b))IP/N/6/MLT/1
Page 3
5.2.2. Damages, including recovery of profits, and expenses, including attorney's fees
Any person aggrieved by groundless threats of in fringement proceedings may by means of a
writ of summons before the Civil Court claim damages in respect of any loss he may have sustained
by the threats.  (Section 20(2)(c))
5.2.3 Destruction or other disposal of infringing goods and materials/implements for their
production
Where a person is found to have infringed a registered trademark, the Court may make an
order requiring him:
- to cause the offending sign to be erased, removed or obliterated from any infringing
goods, material or articles in his possession, custody or control, or
- if it is not reasonably practicable for the offending sign to be erased, removed or
obliterated, to secure the destruction of the infringing goods, material or articles inquestion.  (Section 15(1)(a) & (b))
If an order as specified above is not complied with, or it appears likely to the Court that such
an order would not be complied with, the Court may order that the infringing goods, material or
articles be delivered to such person as the Court may direct of erasure, removal or obliteration of thesign, or for destruction, as the case may be.  (Section 15(2))
The proprietor of a registered trademark may apply to the Court for an order for the delivery
up to him, or such other person as the Court may direct, of any infringing goods, material or articles
which a person has in his possession, custody or control in the course of a business.  (Section 16(1))
An application shall not be made after the end of the period of six years, and no order shall be
made unless the Court also makes, or it appears to the Court that there are grounds for making, an
order.  A person to whom any infringing goods, material or articles are delivered up in pursuance of
an order shall retain them pending the decision of the Court.  (Section 16(2) & (3))
Where infringing goods, materials or articles have been delivered up in pursuance of an order,
an action by writ of summon may be brought before the Court by any party interested:
- for an order that they be destroyed or forfeited to such person as the Court may think
fit, or
- for a decision that no such order should be made.
In considering its decision, the Court shall consider whether other remedies available in an
action for infringement of the registered trademar k would be adequate to compensate the proprietor
and any licensee to protect their interests.  (Section 19(a)(b) & (c))
5.2.4. Other remedies
Any person aggrieved by groundless threats of in fringement proceedings may by means of a
writ of summons before the Civil Court, First Hall, request a declaration that the threats areunjustified.  (Section 20(2)(a))IP/N/6/MLT/1
Page 4
5.3 Specific – Patents (as per Patents Bill Nº 37 of 3 March 2000)
5.3.1. Injunctions
The Court may stay proceedings for infringement in respect of a patent application until after
a final decision has been made by the Comptroller to grant or refuse a patent on that application.
(Section 48(3))
5.3.2. Damages, including recovery of profits, and expenses, including attorney's fees
Any person who exploits an invention which is the subject-matter of a patent or patent
application shall be liable in damages towards the proprietor of the patent or of a patent application orthe licensee.  The right to sue for damages shall be  without prejudice to the right of such person to
apply for the issue of any precautionary warrant as provided in the Code of Organization and Civil
Procedure to protect his rights.  (Section 47(1) & (2))
5.3.3. Destruction or other disposal of infringing goods and materials/implements for their
production
The Court may, on the demand of the plaintiff, order that the machinery or other industrial
means or contrivances used in contravention of the patent, the infringing articles, and the apparatus
destined for their production, be forfeited, wholly or partially, and delivered up to the proprietor of thepatent.  (Section 47(3))
5.4 Specific – Copyright
5.4.1 Damages, including recovery of profits, and expenses, including attorney's fees
Where any person infringes the copyright, neighbouring rights or sui generis  rights in respect
of a work he shall be liable, at the suit of the copyright owner or right holder to be condemned by the
Civil Court, First Hall, to the payment of damages or to the payment of a fine to be determined in
accordance with a scale of fines to be prescribed by the Minister and to the restriction of all the profit
derived from the infringement of the copyright, neighbouring rights or sui generis  rights.
Where the defendant proves to the satisfaction of the Court that at the line of the infringement
he was not aware and could not reasonably be expe cted to be aware that copyright, neighbouring
rights or sui generis  rights subsisted in the work to which the action relates, the Court shall not
condemn him to the restitution of the profit.
The Civil Court, First Hall, may in an action for infringement of copyright, neighbouring
rights or sui generis  rights having regard to all the circumstances and in particular to the flagrancy of
the infringement and any benefit accruing to the defendant by reason of the infringement, award such
additional damage as the justice of the case may require.  (Section 43(1) & (2))
Any person who is found liable for infringement of moral rights shall be liable at the suit of
the author or his heirs to be condemned by the Civil Court, First Hall, to the payment of a fine, and for
damages to be determined in accordance with a scale of fines to be prescribed by the Minister.
5.4.2 Destruction or other disposal of infringing goods and materials/implements for their
production
The Court may order that all the infringing articles still in possession of the defendant be
delivered to the plaintiff.IP/N/6/MLT/1
Page 5
The Court shall order the destruction of all the infringing articles still in the possession of the
defendant where it is satisfied that the prejudice caused to the author is so serious as to justify such
measure.  This provision shall not apply where the infringing article is a building.
(Section 44(2) & (3))
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
The Court may order a defendant in a court case to answer questions relating to matters
mentioned in question.  However, the witness has a right not to be compelled to answer questions if
the answer may subject him to criminal prosecution.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what"remedial measures" are applicable to them?
A defendant wrongly enjoined may demand the revocation of any precautionary warrants
issued against him.  He may also demand damages, judicial costs and a condemnation of the plaintiff
to the payment of a penalty if the latter's claims are found to be malicious, frivolous or vexatious.  Adefendant who is successful in a court case is awarded judicial costs.  Public authorities are liable in
tort in the same way as private individuals.  However, precautionary garnishee orders and
precautionary warrants of seizure may not be issued against Government Departments.
Judges are not civilly liable for measures ordered.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Under Malta's constitution and under the Europ ean Convention Act of 1987, incorporating the
European Convention on Human Rights in Maltese Law, every party to a court case has a right to a
trial within a reasonable time.  Cost in Maltese courts are generally not considered as high byinternational standards.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
9.1 Specify the courts which have jurisdiction over IPR infringement cases.
Malta has a unitary system of Courts and does not have separate administrative courts as
regards intellectual property, except in the use of the Copyright Board established under the Copyright
Act with jurisdiction to decide on disagreements relating to licensing fees.  One may also add that
copyright infringement could lead to licences for the operation of shops or agencies dealing in any
kind of business, not being issued or renewed.
9.2 Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
The answer given to question 2 applies.IP/N/6/MLT/1
Page 6
9.3 What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
The Copyright Board shall have the power to summon any person to give evidence or to
produce books or other documents before it.  The chairman of the Board shall have the same powers
as are by the Code of Organisation and Civil Procedure conferred on the Civil Court, First Hall.
(Section 47)
9.4 What means exist to identify and protect confidential information brought forward as
evidence?
No written law or case law exists in this matter, but it may be reasonable presented that the
Board will be acting within its powers to regulate its own procedures if it were to take measures to
identify and protect confidential information similar to those which may be taken by a Court.
9.5 Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use.
While this question is not applicable for the functions of the Copyright Board, it is important
to note that licences for shops or agencies dealing in any kind of business are only issued and renewedsubject to the condition that the licensee shall not:
- for gain or by way of trade, print, manufacture, duplicate or otherwise reproduce or
copy, or sell, distribute or otherwise offer for sale or distribution from or on the
premises covered by the licence, or as part of the activity covered by such licence,any article or other think in violation of the rights of copyright enjoyed by any other
person and protected by or under Maltese Law;
- suffer or permit any person to do any act or thing, as is mentioned in the preceeding
paragraph, from or on the premises covered by the licence, or as part of the activity
covered by such licence;  or
- conspire or attempt, or aid, abet, counsel or procure any other person, to do any act or
thing as is mentioned in the two preceeding paragraphs.
Non-compliance with the above conditions results in automatic expiration of licence.  (Police
Licences Act CAP.128 (Sections 1-3))
9.6 In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
Not applicable.
9.7 Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what"remedial measures" are applicable to them?
The Board may award costs to the successful party.  This rule also applies when public
authorities are party to a case before the Board.IP/N/6/MLT/1
Page 7
9.8 Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The guarantees of a fair trial within a reasonable time, apply.  Cases before the Board are very
rare and costs are not high.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
The provisional measures which a Court may order are the precautionary warrants described
in the answer to question 5.  These are issued on the basis of the provisions in the Code of
Organisation and Civil Procedures.
11. In what circumstances may such measures be ordered inaudita altera  parte ?
The Court has a discretion as to whether to approve a request for a provisional measure to be
taken or whether to issue such a warrant immediately upon confirmation on oath and uponresponsibility of the applicant inaudita altera parte .
The party against whom a provisional warrant is issued may demand its revocation to the
Court if he proves that the issuing of the warrant was not justified or if he provides sufficient alternate
security.  A party issuing a warrant abusively is subject to be sued for damages and costs.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Provisional measures are initiated by application to the Court which may either issue them as
described in the answer to question 11 or issue them after a hearing.  To be kept in force provisionalmeasures must be followed up by the filing of a court case in respect of the claim stated in the warrant
within four working days from the delivery of notice of execution of the warrant to the applicant or to
this or within twelve days from the issue of the warr ant whichever is the earlier.  In default the effects
of the warrant cease and the applicants become liabl e to a penalty and to being sued for damages and
costs by the other party.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Provisional measures are taken quite quickly.  When they are issued upon the responsibility of
the applicant inaudita altera parte , such measures are taken immediately.  Costs in respect of
precautionary warrants are low.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are no administrative provisional measures.IP/N/6/MLT/1
Page 8
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectualproperty rights other than counterfeit trademark or pirated copyright goods as defined
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports ).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
The goods for which it is possible to apply for the suspension by the Customs Authorities are
(a) counterfeit (including trademark infringing) goods, (b) pirated goods infringing copyright and
neighbouring rights and design rights and (c) goods infringing a patent under Maltese Law.
Goods excluded from these suspensions include (a) goods imported under parallel trading, (b)
overruns, (c) goods of a non-commercial nature, and (d) goods in transit, such as the Freeport.
These procedures do not apply to imports of g oods put on the market in another country by or
with the consent of the right holder, however they include goods destined for exportation.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of thegoods) and 57 (right of inspection and information) been implemented?
The competent authorities, which in this case is the Customs Department, may take either
ex officio  action or may act following an application.
An application may be lodged by the holder of a right, as defined in the relative legislation,
for action by the Comptroller of Customs when it is alleged that his rights have been or may beinfringed under the existing cross-border legislation.  This application should include sufficient details
to enable the Customs Authorities to take action and proof that the applicant is the right holder.
The applicant shall be responsible to cover th e administrative costs incurred in dealing with
the application or in implementing the decision taken by the Comptroller of Customs.  Customs willnotify the applicant of this decision in writing and any refusal is subject to appeal to the Minister
responsible for Customs.
When an application has been accepted, Customs may require the applicant to provide a
security to cover any possible liability and to ensure  payment of costs incurred in keeping the goods in
question under Customs control.
The applicant is also bound to notify Customs if his right ceases to be validly registered or if
it expires.
When Customs is satisfied that goods are infringing the rights of the applicant, the latter will
be granted the opportunity to inspect the goods and provide him with the name and address of the
declaring and/or consignee.  He will also be granted ten days (which may be extended to twenty days
upon written application) after notification of the susp ension of the goods, in which he must start legalIP/N/6/MLT/1
Page 9
proceedings.  If Customs has not received proof that such legal proceedings have been initiated, the
goods in question will be released, provided all other conditions for importation and exportation have
been complied with.
Provision has been made that if civil judicial proceedings have been initiated, the Court may
be asked to review the decision of the Customs Department.  In the case of goods suspected of
infringing patents or design rights, provision has also been made to have the goods in question
released, under certain conditions and against a security.
Section 9 of the cross-border legislation also exempts the Customs Authorities from
(a) providing any compensation to the holder of the right in case infringing goods are not detected and
released and (b) any liability incurred in exerci sing the powers provided by such legislation.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
No such information is yet available.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Customs may take ex officio  action as outlined above in cases where, without having received
an application and in the course of checks made under one of the Customs procedures covered by the
cross-border legislation, it appears prima facie  that goods may be infringing an intellectual property
right.
In such cases Customs may withhold release of the goods for five working days in which to
allow the holder of the right in question, after notification, to submit an application for action by the
Department.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
After goods have been found to be infringing an intellectual property right, the competent
authority, which in this case is the Court, shall or der Customs, either to dispose of the goods outside
the channels of commerce in such a way as to preclude injury to the holder of the right, or to destroy
them, in any case without compensation of any sort.  The Court shall take, or order Customs to take,
any other measures having the effect of depriving the persons concerned of the economic benefits of
the transaction.
At this stage, Customs shall also inform the hold er of the right, in addition to the information
already provided, of the names and addresses of the consignor, of the importer or exporter and of themanufacturers of the goods in question.
The person found to be guilty of the infringement shall also be liable for every such offence to
a fine equivalent to double the value of such goods.IP/N/6/MLT/1
Page 10
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The Court of Magistrates and the Criminal Courts have jurisdiction over criminal acts of
infringement of intellectual property rights.  In both cases and appeal lies to the court of criminal
appeal.
Proceedings with respect to cross-border measures shall be taken before the Court of
Magistrates with a right of appeal to the Court of Criminal Appeal.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
21.1 Trademarks
Criminal procedures and penalties are available against any person who with a view to gain
for himself or another or with intent to cause loss to another, and without the consent of the proprietor
makes unauthorised use of a trademark.
Action may also be taken against persons who falsify the register, falsely represent a
trademark as registered, falsely represent themselves as registered trademark agents and also againstpersons who effect unauthorised use of certain devices and emblems the use of which requires the
authority of the President.
21.2 Patents
It shall be considered an offence to put into circulation or sell an article falsely representing
that it is a patented article.
21.3 Copyright
Criminal procedures and penalties are available in respect of infringement of the reproduction
right and the distribution right.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
Under Maltese Law, criminal proceedings are initiated by the public.  Copyright offences
require the complaint of the injured party.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Private persons qualifying as injured parties may be represented in those proceedings.  Such
parties may also demand the Court to order the police.IP/N/6/MLT/1
Page 11
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
24.1 Trademarks (as per Trademarks Bill Nº 38 of 29 February 2000)
Any person who with a view to gain for himself or another or with intent to cause loss to
another, and without the consent of the proprietor makes unauthorised use of a trademark shall be
guilty of an offence, liable on conviction to imprisonment for a term not exceeding three years or to a
fine of not more that Lm10,000 or to both fine and imprisonment.  (Section 72(1) & (2))
Any person guilty of falsification of the register shall be liable on conviction to imprisonment
for a term not exceeding two years or a fine of not more than Lm5,000 or to both fine and
imprisonment.  (Section 73(1) & (2))
It shall also be an offence to falsely represent a trademark as registered.  A person found
guilty of such an offence shall be liable on conviction to a fine of not more than Lm5,000.(Section 74(1)(2) & (3))
Any person who makes unauthorised use of any device, emblem or title in such a manner as
to be calculated to lead to the belief that he is employed by or supplies goods and services to the
President shall be guilty of an offence and shall on conviction be liable to a fine of not more thanLm3,000.
The Court may, on the demand of the prosecution, order that the machinery or other industrial
means used in contravention of the rights of the proprietors of the trademarks, be forfeited wholly or
in part, and delivered to the holder of the trademark.  (Section 76)
Any magistrate may issue a warrant directing any officer of the Police to enter any house,
premises or place, and there to search for seize and remove such goods or things.  (Section 77)
Any magistrate may issue the said warrant in cases also where the owner of the goods liable
to forfeiture is unknown.  (Section 79)
The Court may direct that goods or things forfeited be destroyed or disposed of after the
trademarks or other trade descriptions have been obliterated from them, and may also direct that, out
of the net proceeds which may be realized by the disposal of such goods or things and up to the
amount thereof, any persons who, being in good faith, were injured by the forfeiture, be awarded
compensation for any loss caused to them.  (Section 81)
Any person who falsely claims to be a registered trademark agent when he is not so
registered, shall be guilty of an offence against this section and shall in conviction be liable to a fine
of not more than Lm500.  (Section 84)IP/N/6/MLT/1
Page 12
24.2 Patents (as per Patents Bill Nº 37 of 3 March 2000)
It shall be considered an offence to put into ci rculation or sell articles falsely representing that
it is a patented article.  This offence is liable to a fine of not less than Lm100 and not more than
Lm500.  (Section 50(1))
When the owner of the goods which would be li able to forfeiture, is unknown any magistrate
may, by warrant under his hand, direct an officer of the Executive Police, to enter any house, premises
or place named in the warrant, and there to search for seize and remove such goods or things.
(Section 51)
The goods and things so seized shall be produced before the Court of Magistrates sitting as a
Court of criminal judicature, and such Court shall determine whether they are liable to forfeiture
under the Act.  (Section 52)
In the case where the owner of goods is unknow n, the Court shall order the issue of banns
stating that the goods or things seized shall be forfeited, unless at the time and place named in the
banns the proprietor of such goods or things or other person interested in such goods or things attends
before the court and shows cause to the contrary.  If  the owner, or the interested party fails to attend
before the Court, it shall be lawful for the Court to direct that such goods or things be forfeited.
(Section 53(1) & (2))
The Court may direct that the goods or things so forfeited be destroyed or disposed of, and
may also direct that, out of the net proceeds which may be realized by the disposal of such goods or
things and up to the thereof, any persons who, bein g in good faith, were injured by the forfeiture, be
awarded compensation for any loss caused to them.  (Section 54)
24.3 Copyright
Whosoever, for gain, or by way of trade prints, manufactures, duplicates or otherwise
reproduces or copies, or sells, distributes or otherwise offers for sale or distribution, any article or
other thing in violation of the rights of copyright enjoyed by any other person and protected by or
under Maltese Law, shall, on conviction, be liable to imprisonment for a term not exceeding one year
or to a fine (multa) not exceeding Lm5,000 or to bo th such fine and imprisonment.  (Criminal Code
CAP.9 (Section 298B))
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
The constitutional and human rights guarantees of a fair trial within a reasonable time apply.
There are no Court costs as such in the Criminal Courts, but these Courts may order the person
convicted to pay the costs of Court-appointed experts.
In cases instituted upon the complaint of the injured party the complainant may also ask the
Court to tax his legal fees and to order that these be paid by the person convicted.  This procedure is,
however, only applicable in the Courts of Magistrates where fees are usually rather low.
__________