Everything you need to know about magisterial inquiries

A magisterial inquiry, requested by Prime Minister Joseph Muscat, is under way into the allegations made by Daphne Caruana Galizia that his wife, Michelle Muscat, owns a Panama-registered company, Egrant Inc, into whose account in Dubai a million dollars was transferred. Matthew Xuereb explains the inner workings of a magisterial inquiry with the help of legal experts. When is a magisterial inquiry requested? There need to be two criteria for a magistrate to start an inquiry: the crime carries more than a three-year jail term and the evidence requires immediate preservation. Can the magistrate start an inquiry on his own account? No. He or she needs to receive a request from the police or form a private citizen following a report, information or complaints. Magistrates have a roster whereby one is on duty around the clock, seven days a week. Can the police start an investigation on their own account? Yes. According to article 346 of the Criminal Code, the police are duty-bound to act on any information that comes to their attention, because it is their duty to preserve public order, to investigate offences, collect evidence, whether against or in favour of the person suspected...