Study-Unit Description

Study-Unit Description


CODE CRL2007

 
TITLE Substantive Criminal Law 2

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 6

 
DEPARTMENT Criminal Law

 
DESCRIPTION This study-unit gives an overview of a number of criminal offences so chosen in order to illustrate the variety of interests which the Criminal Law seeks to protect while ensuring that the principal offences are dealt with. A comparative law approach is taken wherever possible since this affords new insights into the offences in question.

The main offences against the safety of the Government and against Public Peace, Public Trust, the Administration of Justice and against Property are analysed in a systematic way which can be adapted for the analysis of any other offence. The general notions underlying each class of offences are examined in some detail and the elements of each offence are identified and explained. The offences discussed in this part vary from offences against the President, insurrection, and conspiracy against the State to various forms of unlawful assembly the distinctive features of each are highlighted; offences of documentary falsity which are examined against a background of general concepts such as the notion of document, the concept of falsity and its general elements, and the particular interest which the law seeks to protect; offences of perjury and false witness and offences akin to them; offences of theft and fraud the elements of which are compared and contrasted to bring out the difference between them.

In this study-unit offences of wilful and involuntary homicide and the various bodily harms are also analyzed in detail with particular focus being laid on the nature of the nature of the intentional element with respect to each. The distinction between justifiable and excusable homicide/bodily harm is drawn and its effects explained. Finally, the more important sexual offences will be analysed from a robust comparative law perspective. In this context the offences of rape, abduction, defilement of minors, violent indecent assault and other offences including an overview of offences involving prostitution will be examined. Current developments and the evolution of case law with respect to the various offences will be explained.

The select criminal offences covered in this study-unit are as follows:-
- Of Crimes against the Person;
- Of Crimes Relating to the Reciprocal Duties of Members of Family;
- Of Crimes Against Peace and Good Honour of Families and Against Morals including White Slave Trafficking;
- Specific Crimes against Public Trust.

Study-unit Aims:

- Teaching the substantive offences in criminal law found in the criminal code. Furthermore basic skills of reading and interpreting criminal law in general will be given.
- Focus shall be placed on explaining the main offences in our criminal code. The law will be examined together with explanation by jurists and leading case-law.
- The principle aim is to ensure that students first of all understand the major substantive offences under our criminal law.
- The subsidiary aim is to ensure that students learn the required skills to understand, read, interpret and apply criminal law in general so that they may also be able to read, understand, apply and interpret other provisions of criminal law.
- The interplay and importance of rules on interpretation with the aid to reference to jurists and case-law will also be taught.
- Complementing the lectures, tutorials will help students understand and discuss various interpretations and applications of the law.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- Read and comprehend the main offences in criminal law forming part of the syllabus of criminal law;
- Read and assess provisions of criminal law generally understand the principle interplay in interpreting criminal law;
- Demonstrate and explain of the manner in which jurists and case-law assist in the interpretation of law.

2. Skills:

By the end of the study-unit the student will be able to:
- Apply and interpret criminal law provisions to given facts or cases;
- Assess a particular set of facts and apply substantive criminal law to these facts;
- Determine the particular criminal offence and the general defences possible according to law.

Main Text/s and any supplementary readings:

- Mamo: Notes on Criminal Law, Book II
- Criminal Code, Chapter 9, Laws of Malta
- The Press Act, Chapter 248, Laws of Malta
- JC Smith and Brian Hogan, “Criminal Law”, Butterworths, 1992
- Francesco Antolisei, Manuale di Diritto Penale, Giuffre’; 1996
- Andrew Ashworth, Principles of Criminal Law, Clarendon Press; 1991

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (2 Hours) SEM2 Yes 100%

 
LECTURER/S Ann-Marie Cutajar
Chris Soler

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit