https://www.um.edu.mt/library/oar/handle/123456789/9212 Sat, 18 Apr 2026 17:34:00 GMT 2026-04-18T17:34:00Z https://www.um.edu.mt/library/oar/handle/123456789/9960 Title: A comparative analysis of the offence of rape on vulnerable persons and its punishment regime Abstract: This thesis provides an insight into the laws of rape in Malta with a focus on vulnerable persons. It starts off with the definitions of rape and sexual assault as provided by the Maltese Criminal Code in comparison to the definitions provided for such terms by the Criminal Laws of the United Kingdom and those of the State of Montana. The differences between such definitions shall be examined, in particular the elements which are considered to constitute the offence of rape. This thesis then delves into the concept of vulnerability and examines the various criteria which could make a person vulnerable. These include the age at which a person is considered incapable of making an informed decision, the mental or physical infirmity disabling the person from resisting the offender, the abuse by a person in a position of trust or authority, the level of intoxication that disables the person from freely agreeing to sexual activity, social status and the attack by 2 or more offenders simultaneously. It then evaluates the current punishments awarded to the offender in the respective countries and discusses the arguments in favour and against the more controversial punishments predominant in the United States, such as that of chemical castration and compulsory minimum sentencing for convicted paedophiles. This thesis concludes by means of an evaluation discussing the possible ways forward for improvements to be made in Maltese legislation in order to bring about more awareness of the reality of such crime and further protect vulnerable victims. It identifies the important role the media has in bringing about awareness to society and this should be used for the purpose of preventing stigmatization of the victims. This thesis also gives various suggestions for a more effective sex education which should start at an early age. Description: LL.D. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/9960 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/9919 Title: Does the disclosure of evidence in Maltese criminal proceedings fulfill the requirements of the fundamental right to a fair trial under article 6 of the European convention on human rights? Abstract: It is an essential role of any State to maintain law and order on behalf of society; to hold people responsible for crimes they have committed and to ensure that justice is done – and seen to be done. However, this comes with a heavy responsibility as convicting someone with a criminal offence resulting in, taking away a person’s liberty is one of the most serious measures the State can take against an individual. Taking someone’s liberty can only be justified after the person has been given a fair trial. A fair trial ensures that citizens of a State are confident that their criminal justice system is sincere and impartial. In return, it prevents abuse of power by the state. This thesis seeks to bring to light that pre-­‐trial disclosure is an indispensable requirement to a fair trial. The Maltese criminal trial is dominated by the adversary system, which is based on the presumption that the resources available to the parties are near to equal to ensure a fair dispute in court. This presumption may hold when the criminal proceedings come to trial, however in the investigative stage of the case -­‐ in the pre-­‐trial proceedings – such presumption is manifestly unsound. The inequality of resources between the State and the defence during the investigative stage is undisputed, and such can only be ameliorated by the obligation on the prosecution to make available all material to the defence. In this way the latter may be put on par with the prosecution, which in return provides equality of arms between the parties. Description: LL.D. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/9919 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/9886 Title: Indicting the trial : the Maltese trial by jury and the fundamental right of fair trial Abstract: This work has the object of placing the Maltese trial by jury itself under bill of indictment, one drawn up by the precepts and requisites of the fundamental right of fair trial. It intends to entertain an analysis of the Maltese trial by jury, wherein the latter’s most distinctive components are scrutinised via the standards set by, primarily, Article 6 of the ECHR. Its purpose is to determine whether persons undergoing trial by jury are tried with full respect to their right to fair trial and, consequently, whether the State is fulfilling its erga omnes obligation to meet out justice in a manner which in itself does not slight the very purpose of its efforts. The approach taken focuses on the major components of the process and on those lending themselves more easily to provoke affront to the right of fair trial. A micro-case study of each component is undertaken to conclude whether it satisfies the threshold set by fair trial requisites. This enables an ultimate verdict in respect of the Maltese trial by jury comprehensively considered. Amongst the aspects critically evaluated are those relating to the jury, the judge, the Attorney General, the verdict and the potential for appeal. Any findings in respect of potential violations are made whilst bearing in mind the absence of practical and effective means of redress or of sufficient guarantees ensuring the overall fairness of the trial. The ultimate finding as to the conformity of the Maltese trial with Article 6 has also been made after careful consideration of the potential for practical and effective redress at appellate stage. In light of the fact that this work is intended to prompt and suggest reform, various proposals have been made where necessary. This has been done in the hope that this work is able to contribute to our system of criminal justice. Description: LL.D. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/9886 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/9746 Title: A standardized approach for victims of serious crime throughout the European Union Abstract: With the success of the internal market and free movement across the EU, as well as the expansion of Member States, criminal activity across borders - especially offences having a cross border nature - have increased. EU instruments addressing this issue have been rather disjointed, and more importantly, far too slow and lengthy to respond effectively to the nature of criminal activity within the EU. Historically, legal systems in the EU have developed autonomously, with Member States being particularly reluctant to relinquish sovereignty over criminal law measures. The introduction to the thesis, i.e. Chapter 1, seeks to outline the salient points of concern wherein one finds an analysis of the crucial aspects that the thesis is concerned with, such as an explanation of the terms ‘victim’ and ‘serious crime’ within the EU. This chapter finishes off with a concise explanation of what gives the EU competence to legislate in such matters. The aim of Chapter 2 is to briefly outline and analyse existing legislation concerning the subject on an EU level. Indeed, differences between legal models remain too stark, and this is precisely what is highlighted throughout the third Chapter. The fourth Chapter delves into victim support organisations that are gaining traction. The objective of the latter chapter is to identify not only the importance such entities have within society, but also to outline the lack of uniformity there exists between the respective organisations in EU Member States. The fifth concluding chapter seeks to determine the main challenges faced by Directive 2012/29 and the Maltese equivalent Act that the Maltese legislator has drafted and signed into law to transpose the same Directive. Lastly, this concluding chapter looks towards the current situation as it is and identifies possible solutions and approaches to address the problem that cross-border victims face. More importantly, the proposals made within the conclusion take into account the legal and administrative efforts involved. This is in point of fact the reason why the thesis tackles solely victims of serious crime as the individuals that should be given immediate priority. The most significant of all is the need to address national barriers as well as the need for Member States to raise their standards in this respect, ensuring victims, and more importantly victims of serious crime, benefit from a level playing field. Description: LL.D. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/9746 2015-01-01T00:00:00Z