This article by Kurt Zammit was previously submitted as part of CVL1024 and is being published with the author’s permission.The contribution analyses the legal aspects behind the mens rea and actus reus. It highlights the complexities that low mental capacity and mental illness and cognitive decline pose in order to answer the legal question whether […]
This article was originally submitted as a seminar paper as part of the Philosophy of Law study-unit (CVL1024) and is being reproduced on the OLJ with the author’s permission. In it, Michael Spiteri explores the Broken Windows Theory which shaped policing and social policy in many American cities and beyond. Michael Spiteri, ‘Broken Windows Theory: […]
This article is a detailed version of a chapter in the author’s LL.B. (Honours) dissertation. In it, Graziella Schembri discusses the breaches of several human rights as a result of Belarus’s imposition of the capital punishment. Graziella Schembri, ‘The Death Penalty in Belarus’ (Online Law Journal, 19 August 2023). ‘Belarus is currently the only country […]
In this article, Dr Tonio Borg reviews and analyses the case-law of the Maltese Courts on statements given to the police without lawyer assistance, as a potential exception to the ‘no forbidden fruit theory’ recognised by Maltese Law. Tonio Borg, ‘The Validity of Statements made in Police Detention without Lawyer Assistance’ (Online Law Journal, 13 […]
In this article, Dr Tonio Borg discusses Maltese and European Court of Human Rights case-law on pre-trial publicity, and when this can threaten the eventual accused’s presumption of innocence in criminal proceedings. It is a transcript of the author’s keynote speech in the annual Policy Conference organised by GħSL on Friday 16 April 2021, reproduced […]
In this article, Elizabeth-Mary Quintano analyses the interpretation of the Maltese Criminal Code provisions on misappropriation, and the grounds and elements required for this crime to subsist. Elizabeth-Mary Quintano, ‘Misappropriation in the case law of the Maltese Courts’ (Online Law Journal, 3 April 2021). Introduction The crime of misappropriation is regulated by Sections 293 and […]
In this article, Jurgen Micallef examines the Gender-Based and Domestic Violence Act (Chapter 581 of the Laws of Malta) through the lens of Bill 84 of 2019, which proposed amendments to the law, as well as to the Criminal Code. Jurgen Micallef, ‘Bill 84 of 2019: A Testimony to a year’s worth of the Gender-Based […]
In this article, Jessica Spiteri discusses the recent changes made to the Criminal Code, as well as Chapter 65 (Traffic Regulation Ordinance) of the Laws of Malta, which delves on traffic-related offences. Jessica Spiteri, ‘Criminal Law Update: Act XIV of 2017’ (Online Law Journal, 11 March 2019). 1. Introduction Act XIV of 2017 (hereinafter referred […]
In this article, Magistrate Scerri Herrera examines the state of Environmental legislation in a substantive, procedural and historical manner, while also comparing the Maltese situation with European Union legislation, International case law and more recent developments in the legal field. Consuelo Scerri Herrera, ‘Environmental Crime, with particular reference to Malta’ (Online Law Journal, 28 November […]
Consuelo Scerri Herrera, ‘Punishing a Recidivist’ (Online Law Journal, 6 March 2017). The punishment of repeat offenders should in principle be harsher than the punishment of first-time offenders. However it is the opinion of the writer that this asymmetry is obviously just a rough structure. It leaves a lot of room for interpretation. I shall […]
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