The Death Penalty in Belarus

  • Graziella Schembri
  • 19/08/2023
  • 16 min read

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

Criminal Law Update: Act XIV of 2017

  • Jessica Spiteri
  • 11/03/2019
  • 9 min read

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 […]

Read More

Environmental Crime, with particular reference to Malta

  • Consuelo Scerri Herrera
  • 28/11/2017
  • 45 min read

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 […]

Read More

Punishing a Recidivist

  • Consuelo Scerri Herrera
  • 06/03/2017
  • 22 min read

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 […]

Read More

Bribery and Genocide: The Same?

  • Giovanni Bonello
  • 23/12/2014
  • 6 min read

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 […]

Read More

The Presumption of Innocence: A second look

  • Giuseppe Mifsud Bonnici
  • 22/12/2014
  • 19 min read

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 […]

Read More