Criminal Law New Amendments to the Criminal Code Two new offences have been instituted in Malta. These were introduced by means of amending or adding to the Criminal Code in February and March…Malcolm MifsudApril 25, 2024
Criminal Law The date of a judgement is essential for its validity An incorrect or an unclear date of a criminal judgement will annul the judgement itself. This was held in the Police vs Eyob Melake Ecobagaber,…Marthese HiliFebruary 1, 2024
Criminal Law The loss of remission is not a punishment but a means of keeping discipline in prison The introduction of the Remission Board meant the prison authorities could reduce the days of remission and therefore, the longer prisoners are kept. This was…Marthese HiliJanuary 5, 2024
Criminal Law When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded The Court held that the Criminal Court has a discretion to award a punishment in cases of wilful homicide in terms of Article 492(2) of…MMA EditorAugust 6, 2023
Criminal Law Fingerprints alone may be sufficient for an accused to be found guilty of theft There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft. This was held by the…MMA EditorJuly 14, 2023
Criminal Law Court must be precise on whether it is finding the accused guilty or not A judgement is null if it is not clear whether the court has found a person guilty or not of a crime.MMA EditorJune 25, 2023
Criminal Law Special circumstances may help to change punishments When the accused admits to charges, the Court of Criminal Appeal may change the punishment only if it finds an error when the sentence is…Marthese HiliNovember 2, 2022
Criminal Law Court must be morally convinced charges admitted to actually exist The Court when faced with a guilty plea must be still convinced that the charge actually exists. This was held by the Court of Criminal…Marthese HiliJuly 10, 2022
Criminal Law Can the rearing of pigeons amount to harassment? The offence of harassment requires the principle of this offence to behave in such a way with the intention of causing the harassment. The harassment…MMA EditorAugust 15, 2021
Criminal Law If the accused understands the charges, then guilty plea stands If the accused understands the charges he is admitting to, then that guilty plea is valid at law and cannot be overturned. This was held…MMA EditorJuly 25, 2021