https://www.um.edu.mt/library/oar/handle/123456789/1898 Sat, 18 Apr 2026 20:32:40 GMT 2026-04-18T20:32:40Z https://www.um.edu.mt/library/oar/handle/123456789/2140 Title: The offence of trading in influence and its impact on legitimate influence practices Abstract: “[…] like an elephant, while it may be difficult to describe, corruption is generally not difficult to recognize when observed….Unfortunately, the behaviour is often difficult to observe because acts of corruption do not typically take place in broad daylight.” Vito Tanzi In the same way as it is easy to recognize corruption when it is observed, trading in influence should also be easily recognized when it takes place. However, the clandestine nature of corruption offences such as trading in influence make such an offence difficult to detect, in some cases, because it can be disguised as an activity which seems to be legitimate. The objective of the law is thus not to give us definitions but to clearly identify the elements which constitute the offence so that confusion and discrepancies are avoided and legal certainty is ensured. International reports show that many countries still choose not to criminalise the offence of trading in influence due to a number of concerns which are delved into and discussed throughout the thesis by looking at the Maltese experience with the offence of trading in influence as well as that of France, Spain and Belgium, all of which, to some extent or another, have criminalised the offence. In addressing the main issue of the lack of clarity and the danger of having legitimate influence practices being caught under the provisions criminalising the offence of trading in influence, this Thesis sets out to analyse the elements of the offence of Trading in Influence and its sources and the problems encountered in the implementation of this offence in national criminal law. The elements of the offence as transposed into the Maltese Criminal Code from the COE Criminal Law Convention on Corruption are analysed and local case law is presented so as to portray the manner in which the offence of trading in influence is dealt with by the Maltese Courts. One of the main reasons that a number of states put forward to justify their decision not to fully implement the offence of trading in influence into national law is the lack of clarity of the concept that the offence seeks to criminalise as well as an overlap between the offence of trading in influence and legitimate forms of lobbying which could lead to legitimate activities being caught by the provisions of the offence. This problem is analysed and discussed throughout this thesis and recommendations so as to avoid the confusion caused by such an overlap are provided. Description: LL.D. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/2140 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2104 Title: Sentencing policy in Malta in relation to offences of bodily harm Abstract: The title of this thesis has been chosen with the aim of assessing the Maltese situation on Sentencing as a means to establish the way forwards and to possibly enhance consistency in sentences handed out by our law courts. Even if from the onset such procedural area of Criminal Law is at the centre of the effective working of the local criminal justice system, this area has not yet been thoroughly explored. This study will start by delving into the detail on the legal provisions of the offence of Bodily Harm in our code. The classification thereof and the way our courts deal with such offence, including the punishments awarded will also be reviewed. Whilst fully acknowledging judicial discretion, the author, with the help of a questionnaire study carried out, suggests that it may now be appropriate that a specific protocol as a form for sentencing framework be enacted for our courts. Having noted both warranted and unjustified criticism from sections of the media and the public at large, for the excessive delays faced ,day-in day-out ,in our courts and also in respect of perceptibly inappropriate sentences being awarded by the Court of Magistrates, the author undertakes a detailed examination of the situation obtaining at present in our local Courts. To further evaluate, discern and clarify the rationale behind this thesis, a comparative study has been carried out with two Nations adopting quite similar Sentencing methods but, in certain key-aspects, different to that of the Maltese system. Furthermore, the author will analyse in depth the position of the European Union as regards to consistency in effective sentencing and any practical recommendations it puts forwards for Member States to align to and preferably abide by. For this, the writer will focus on the EU Recommendation No. R (92) 17 concerning Consistency in Sentencing put forward by the Committee of Ministers in 1993. This Chapter will also delve into detail on a study carried out by a senior lecturer on the ways of achieving substantive cum perceptive harmonisation in criminal sentencing procedure. Description: LL.D. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/2104 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2049 Title: A critical and comparative analysis of non-fatal offences against the person Abstract: Scenario: A landlady, who suffers from anxiety, evicts her tenant for just reasons. The latter, infuriated, insults her severely, in one isolated incident, on matters which she is particularly sensitive about. This causes her anxiety condition to worsen considerably, degenerating into depression necessitating continuous psychiatric therapy. The tenant has not done so to force her to reconsider, as the landlady has already entered into a binding agreement to rent the tenement to a third party. The above scenario raises several questions which have served as the main inspiration behind this thesis. This study shows that in said scenario, the offender cannot be charged with private violence, blackmail, or the crime of threats under article 249 of the Criminal Code. Harassment is also excluded due to the absence of a course of conduct. Should this tenant be charged simply with the contravention under article 339(1)(e), or could s/he be charged with causing the landlady a mental derangement amounting to bodily harm, despite not using physical violence against her? Thus this thesis attempts to determine whether the protection granted to individuals by Maltese criminal law is adequate in modern times. By comparing Maltese substantive provisions with their counterparts under Italian law, and in the case of harassment also English law, this study enables the reader to identify the lacunae in the protection established by Maltese criminal law for the safety of individuals. Hence suggestions shall be put forth to seek to update Maltese criminal law in a manner which will enable it to grant protection which is acceptable in a modern-day context. Description: LL.D. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/2049 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2019 Title: The position of the co-defendant in Maltese law : the criminal law and the human rights law perspectives Abstract: This work examined the problem being faced by a co-defendant under Maltese Law, whereby due to what is known as the economy of justice, two persons or more, accused of the same offence or of connected offences, have their case heard simultaneously before the same Judge and jurors. This problem emerges from the fact that a defendant is not granted the right to cross-examine his/ her co-accused on the justification that the Presiding Judge directs the jury that that evidence should be considered only in respect of the person tendering it as it was given in completely separate proceedings. Accordingly, to prove this theory erroneous, three interviews were carried out with leading Psychologists who all concluded that as human beings, jurors cannot simply disregard certain important information in their possession. Also, the parliamentary debate leading to the amendment to article 639 (3) of the Criminal Code was analysed and a comparative study with the United Kingdom and Italian Law of evidence was carried out. Actual Maltese cases impacted by this procedural anomaly were examined in detail with particular attention given to establishing whether this procedural issue had any effect on the decision making process undertaken by the jurors. Consequently, a thorough examination of the right to a fair trial enshrined in Article 6 of the European Convention on Human Rights was carried out, with reference to the Strasbourg Court’s case law. Reference to the law of evidence adopted by the United States of America and by the Republic of South Africa was also made with particular analysis of their respective case law as regard the right to cross-examine witnesses. In conclusion, a proposal for an introduction of a new provision of the Criminal Code was submitted. Description: LL.D. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/2019 2014-01-01T00:00:00Z