/library/oar/handle/123456789/38805 2026-06-20T22:29:34Z /library/oar/handle/123456789/29481 Title: Prosecution in the court of magistrates : towards equality of arms and more efficiency Abstract: The Criminal Procedure in Malta has not undergone any radical changes for a long time. In the last couple of years the Ministry for Justice, Culture and Local Government embarked on a pilot project which started testing the introduction of some fundamental changes in the way prosecution in the Court of Magistrates works. This thesis’ recommendations are based on the information gathered on the development of the prosecution in the Court of Magistrates, the present system and foreign jurisdictions. Two local reports compiled in the span of sixteen years, both proposing changes in the prosecution system are also looked into. Since no information is available on the project mentioned and its partial outcomes, the thesis conducts an analysis by means of interviews with all stakeholders involved or interested. Future changes which this project aims at introducing such as the judgment in absentia, have also been discussed. Recommendations proposed are split in three categories. The first is related to the pilot project, the second deals with the legal amendments needed and the third are general makes recommendations. Some can be done in the immediate future, others need time both for the necessary preparation such as legal amendments and in order to allow enough time for people involved to get used to the changes. The essence is to improve the efficiency and increase the equality of arms between the defence and prosecution in the Court of Magistrates as a Court of Criminal Judicature. Description: LL.D. 2017-01-01T00:00:00Z /library/oar/handle/123456789/29425 Title: Procedural variations between the criminal code and the dangerous drugs ordinance Abstract: This thesis will try to provide an answer to the existing dilemma of whether the general laws present in the Criminal Code (Chapter 9 Laws of Malta) coupled to a number of ad hoc legal provisions present in the Dangerous Drugs Ordinance (Chapter 101 Laws of Malta), have over time made the difference to law enforcement agencies in the fight against illicit drugs, or else, whether legislation that has been there for more than a century has failed to serve the purpose. Chapter One will briefly outline the historical background of both the Criminal Code and the Dangerous Drugs Ordinance focusing primarily on the significant provisions of the law. The chapter will be concluded with a reference to the rationale behind the choice of this particular area of study. Chapter Two will focus on rules of evidence. Will outline the basic rules of evidence found in the Criminal Code and go on to compare these standard rules with the derogations present in the Dangerous Drugs Ordinance. This Chapter will also deal with the how the ‘burden of proof’ principle is applied in the Dangerous Drugs Ordinance as opposed to the general provisions found in the Criminal Code. Chapter Three will focus on first outlining the general basic procedure used before the Court of Magistrates within the context of the Criminal Code and comparing this procedure with the various provisions found in article 22 of the Dangerous Drugs Ordinance. Reference will also be made to the Attorney General’s discretion and how legislative attempts have been made to keep in check his ‘unfettered discretion’. Chapter Four will discuss the concept of punishment as outlined in the Criminal Code and applied by the Court of Magistrates (both in Malta and in Gozo) and the Criminal Court and then compare and contrast with the legislation present in the Dangerous Drugs Ordinance. Reference will also be made to attempted offences and the concept of having a conspiracy as outlined in the Dangerous Drugs Ordinance as compared to similar provisions under the Criminal Code. A comparison will also be made between the implications of the diminution in punishment in the provisions found in article 29 of the Dangerous Drugs Ordinance and similar provisions present in the Criminal Code. Chapter Five will focus on evaluating the existing legal provisions of the Criminal Code and the Dangerous Drugs Ordinance as they stand today, highlighting whether the afore mentioned procedural variances have made the difference as was expected by the original legislators. This chapter will be concluded with a vision of the future including a number of recommendations. Description: LL.D. 2017-01-01T00:00:00Z /library/oar/handle/123456789/29424 Title: A critical and comparative analysis of the concept of theft in Maltese law Abstract: The aim of this thesis is to analyse the offence of theft and of how it is regulated in the Maltese Law. Upon analysing the regulations related to the mentioned offence, the areas which are in need of an amendment are going to be identified and examined carefully so as to try and establish the way forward for any possible amendments to our Criminal Code. Chapter one will be a general overview of the offence of theft, of how it is regulated in the Maltese Criminal Code and the articles related to this offence will be listed as well as a general analysis of the offence of theft, as regulated in Italy and in England. The following chapter will aim at defining theft and the elements of the offence. Moreover, it will tackle the issue of whether our Criminal Code is providing us with a concrete definition and the definition of theft which is being used by our Courts. The definition of theft found in the Italian Penal Code and in the Theft Act 1968 will also be analysed. In Chapter three, a thorough explanation on how our law classifies the offence of theft will be given, including examples of simple and aggravated thefts, as well as the classification of theft under the Italian Penal Code and the Theft Act 1968. Chapter four will be dealing with other offences related to theft found in the Maltese Criminal Code besides that of simple theft and aggravated theft. These offences will also be analysed in detail and compared with those offences of similar nature found in the Italian Penal Code and in the Theft Act 1968. Examples of such offences are the offence of theft by finding, the offence of theft for the mere use of the thing and the offence of handling stolen property. Chapter five will focus on the punishments established in our Criminal Code for the offences related to theft. A mention will also be made to the punishments for the offences of theft established in the Italian Penal Code and also to those found in the Theft Act 1968 so as to establish if the current punishments are adequate compared to those established by the Italian and English law. In the last chapter, styled ‘Suggestions for Amendments’, the possible way forward will be discussed, and as the title suggests, recommendations will be made on how certain regulations could be amended. To conclude, draft amendment will be proposed in relation to Title IX of Crimes against Property and Public Safety which regulate the offences related to theft in our Criminal Code. Description: LL.D. 2017-01-01T00:00:00Z /library/oar/handle/123456789/29413 Title: The implementation of sentencing guidelines in Maltese criminal procedure : an analysis Abstract: This term paper is aimed at identifying the ideal step in Maltese Procedural law to embrace a truly holistic judicial reform. Unfortunately, there is no plethora of research neither on a global nor on a national level despite the level of contention that the sentencing process brings with it. Nonetheless, there are ongoing local judicial reforms initiatives, including the Holistic Judicial Reform document, chaired by Judge Emeritus Giovanni Bonello that insists on the implementation of an approach identical to the one suggested in this study. This study starts by identifying the inconsistencies that persist in sentencing that prove that ‘like cases are not treated alike’ and this has been done via a comparative methodology. The study goes on by analyzing various models in foreign jurisdictions aimed at tackling this inconsistency persisting in sentencing. It will then choose the one model that the author deems to be the most ideal to be implemented locally, which will be explained step by step. The study goes on to analyze how implementation of the said model will eradicate the sentencing practices currently flawing our jurisprudence, inter alia mandatory minimums whilst retaining the elementary requisites necessary for individualized sentencing by ‘structuring’ judicial discretion. The author will also analyze the stance adopted by the European Union aimed at eliminating disparate sentencing of similar offences and thereby increasing efficacy and consistency. Description: LL.B 2017-01-01T00:00:00Z