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 […]

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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 […]

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Misappropriation in the case law of the Maltese Courts

  • Elizabeth-Mary Quintano
  • 03/04/2021
  • 18 min read

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 […]

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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 […]

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