/library/oar/handle/123456789/1896 2025-11-07T03:52:48Z /library/oar/handle/123456789/136731 Title: Conflicts and controversies in the concurrent execution of multiple instruments of mutual recognition : the Bharwani case in Malta Authors: Filletti, Stefano Abstract: On 28 February 2024, police and judicial authorities in several European countries arrested fourteen individuals on suspicion of being involved in a €195 million VAT fraud scheme across various countries. This operation was led by the European Public Prosecutor’s Office with the support of Europol. Searches were carried out in over 100 countries, including Malta. Europol reported that the suspects had allegedly established a sophisticated criminal network enabling them to defraud up to EUR 195 million through schemes involving the sale of small electronic devices, such as smartphones, without allegedly fulfilling their tax obligations. Amongst those arrested, a Maltese suspect was investigated. With respect to this Maltese individual, a European Investigation Order (‘EIO’) was issued by Swedish authorities for the collection of data and documents found in Malta. Additionally, a European Arrest Warrant (‘EAW’) was also issued for his surrender to Sweden. These two instruments of mutual recognition were executed in the Maltese territory at the same time. The timing of their execution, however, created particular legal difficulties. The execution of the EIO led to the seizure of many documents and data owned by the suspect. The documents and data were seized and dispatched to the requesting State. Meanwhile, during the EAW proceedings for his surrender, the suspect requested that he be granted access to or copies of the seized documents, which were essential for him to defend himself in the EAW proceedings. Copies were not made in time, and were not held by local authorities either, the latter had already dispatched the documents and data to the requesting State. This meant that the requested person in the EAW proceedings could not defend himself adequately because he had been deprived of the very same documents needed for his defence. 2025-01-01T00:00:00Z /library/oar/handle/123456789/130102 Title: Criminal law substantive offences : theft, fraud, computer misuse, homicide & bodily harm Authors: Filletti, Stefano Abstract: This book explores a number of key substantive criminal offences in Maltese criminal law. It provides an in-depth analysis of crimes including theft, fraud, computer misuse, homicide, and bodily harm. It offers detailed discussions of fundamental legal principles and case studies, making it an invaluable resource for understanding how these offences are addressed within the Maltese legal system. Perfect for legal practitioners, scholars, and students alike, this authoritative guide enriches your knowledge and bridges critical gaps in criminal law. 2024-01-01T00:00:00Z /library/oar/handle/123456789/130098 Title: Criminal law : general principles Authors: Filletti, Stefano Abstract: This book meticulously explores the general principles of Maltese criminal law. It delves into the distinction between crimes and contraventions, vicarious liability, criminal corporate liability, and various defences such as justification, the notion of excuse, insanity, and intoxication. Additionally, it provides comprehensive coverage of punishment, recidivism, extradition, and European arrest warrants. This essential resource not only clarifies complex legal concepts but also offers invaluable insights for practitioners, scholars, and students of criminal law in Malta. An indispensable addition to any legal library, it bridges critical gaps in understanding and application of the law. 2024-01-01T00:00:00Z /library/oar/handle/123456789/130095 Title: Creating criminal law rules at the EU Level Authors: Filletti, Stefano Abstract: In this chapter, the author analyses how, over time, the European Member States have ceded national sovereignty to the European Union, where particular areas of criminal law are concerned. The progress made in the creation of a quasi-federal Europe for criminal law is the fruit of a struggle between Member States, on the one hand, seeking to retain their national sovereignty, and on the other hand, recognising the need to face reality, this being that European criminality does not stop where national physical territories end, but seeks to take advantage of the borderless Europe. That same borderless European Union requires a system to match to effectively combat criminality and maintain an area of freedom, security and justice in which the European Citizen can prosper. 2024-01-01T00:00:00Z