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 […]
Giovanni Bonello, ‘Bribery and Genocide: The Same?’ (Online Law Journal, 23 December 2014). I am pleased to note that the Government has announced new measures to fight corruption. Legislation ‘to remove the applicability of prescription to the offence of corruption’ committed by a Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local […]
Giuseppe Mifsud Bonnici, ‘The Presumption of Innocence: A second look’ (Online Law Journal, 22 December 2014). In 1997, I had a first look at the jurisprudence1 of the European Court of Human Rights and I published a monograph entitled The Presumption of Innocence on the matter in the Mediterranean Journal of Human Rights.2 On examining […]
Gianella Farrugia, ‘Murder by Omission: Conċetta Decelis u Jason Decelis vs Il-Ministru tal-Ġustizzja et’ (Online Law Journal, 22 December 2014). Conċetta Decelis u Jason Decelis vs Il-Ministru tal-Ġustizzja et1 The following case deals with the proceedings held in front of the Civil Court First Hall in its Constitutional Jurisdiction following a claim by Conċetta Decelis […]
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