/library/oar/handle/123456789/16642 2025-11-05T21:16:00Z 2025-11-05T21:16:00Z /library/oar/handle/123456789/19131 2017-05-19T07:06:07Z 2016-01-01T00:00:00Z

Title: Inferences in Malta : a case for more inferences Abstract: / Description: LL.B.

2016-01-01T00:00:00Z /library/oar/handle/123456789/19130 2017-05-19T07:04:22Z 2016-01-01T00:00:00Z

Title: The jurisdiction of the court of magistrates as a court of criminal judicature Abstract: This research project will analyze how the original and extended competence of the Court of Magistrates evolved since the promulgation of the Criminal Code. Parliamentary debates will be examined to seek what the Legislative had in mind when modifying and gradually increasing the competence of the Court throughout the years until the latest amendment of 2015. The original competence of the Court of Magistrates will also be analyzed, followed by an in depth analysis of the extended competence, with a particular focus on the note of remittal for judgement of the Attorney General. Substantial reference to case law will be made in order to explore how the Court interpreted the jurisdiction of the Court of Magistrates. The parameters and requisites of the note of remittal will also be perused. Reference will also be made to particular laws which authorize that the offence be tried by the Court of Magistrates as a Court of Criminal Judicature even though the punishment may exceed two years imprisonment. The functions of the Juvenile Court, the discretion enjoyed by the Attorney General under the Dangerous Drugs Ordinance and the competence of the Court of Magistrates in deciding upon depenalised offences in accordance with the provisions of the Commissioner For Justice Act will also be evaluated. Finally, an analysis is made as to whether the present legislation is adequate to cater for the jurisdiction of the Court of Magistrates as we know it today, and whether further legislative intervention is necessary. Description: LL.B.

2016-01-01T00:00:00Z /library/oar/handle/123456789/18227 2017-04-17T13:53:18Z 2016-01-01T00:00:00Z

Title: The notion of 'ne bis in idem' in the context of the statute of the International Criminal Court Abstract: The conventional function of ne bis in idem is to protect an accused from being prosecuted more than once for the same offence. The principle is intrinsic to state sovereignty. In an international context, the principle is also incorporated in the Rome Statute of the International Criminal Court (ICC) under Article 20. The manner by which the ICC determines its jurisdiction to prosecute perpetrators of core crimes is a central feature of the statute and is crucial in the relationship between the Court and States. This mechanism is based on the principle of complementarity and therefore, the applicability of ne bis in idem is analysed and interpreted in relation to this principle. In situations of competing jurisdictions, ne bis in idem assumes a new dimension and operates to determine which court has jurisdiction over a case rather than as a protectoral right of an accused. Unlike in fundamental human rights instruments, the Rome Statute does not prohibit further trials concerning the same accused for the same acts resulting from conduct proscribed in the statute. This concept bolsters the objectives of the statute namely the prevalence of international justice and to serve as deterrence in the prevention of core crimes. Description: LL.B.

2016-01-01T00:00:00Z /library/oar/handle/123456789/17747 2018-05-04T06:33:12Z 2016-01-01T00:00:00Z

Title: Compensation for victims in criminal proceedings Abstract: As a general procedural rule, criminal proceedings determine whether a defendant is guilty, which would result in the punishment of the offender. On the other hand civil proceedings determine whether a defendant is responsible and if so result in compensation for the victim. This research project focuses on the idea of providing courts of criminal jurisdiction with the additional authority of quantifying damages and awarding compensation for victims. Consequently, this entails that the victim would not have to, at his own expense, initiate civil proceedings to recover the damages he suffered as a result of the crime. Based on the restorative theory of justice, the compensation order is the main sanction reflecting this concept. Therefore this study analyses the role of the compensation order in our penal system, which is quite limited when compared to other jurisdictions. The final aim of this study is to evaluate the practicality of extending the role of the compensation order within our penal system and propose a manner by which this sanction would be best endorsed. Nevertheless, since this sanction is an exception to the general procedural rule referred to above, the extension and enhancement of its role in the Maltese penal system is not straightforward. Description: LL.B.

2016-01-01T00:00:00Z