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Malta: Criminal Justice Systems in Europe and North America

NCJ Number
216710
Author(s)
Jean Paul Grech
Date Published
2006
Length
120 pages
Annotation
This book describes the criminal justice system of Malta, the biggest of an archipelago of islands located in the middle of the Mediterranean Sea.
Abstract
Chapter 1 presents demographic information about Malta, such as its location, population, and employment rates. Chapter 2 focuses on the criminal and procedural law statutes of Malta. The basic principles underpinning the current Maltese Criminal Code were introduced in the 1814 Constitution of the Criminal Court, which prohibited torture and set limits on the length of time individuals may be detained without being charged with a crime. Chapter 3 discusses the eight fundamental principles of criminal law and procedure in Malta: (1) the principle of legality; (2) the distinction between crimes and contraventions; (3) the principle of strict liability; (4) the notion of corporate responsibility; (5) the grounds of justification under the Maltese Criminal Code; (6) the prescription of criminal offenses; (7) the structure of the criminal code; and (8) the legal definitions of traditional crimes. Chapter 4 offers an outline of the organization of the investigation and criminal procedure of Malta. This discussion focuses on how criminal actions are brought under the Maltese Criminal Law of Procedure and explains the pre-trial and trial phases of criminal procedure as well as the role of the Magistrate and Attorney General. Chapter 5 focuses on sentencing and the system of sanctions and explains Malta’s classical forms of punishment, alternative modes of punishment, and punishments for specific classes of people such as officers and men of force who serve in the Malta Armed Forces. Chapter 6 turns to a description of the prison system and the system of after-care for released prisoners. Malta officials require imprisoned offenders to complete not more than 50 hours per week of useful work and encourage every prisoner to take part in prison-based educational opportunities. Chapter 7 outlines the criminal justice reform recommendations offered by the Maltese Ministry of Justice and Home Affairs in January 2005. Bibliography