Is the removal of the defence of ‘a crime of passion’ as a mitigating factor in the offence of femicide discriminatory? : a comparative analysis

Abstract

This dissertation examines the incorporation of femicide into the Maltese Criminal Code, particularly in relation to the elimination of the defence of a crime of passion as a mitigating factor. Therefore, it initiates a thorough investigation into this elimination, initially from the perspective of the Maltese legal framework, meticulously examining its potential discriminatory implications. Then, by utilizing a comparative methodology, the study aims to clarify the legal and societal dynamics pertaining to this significant legal alteration. Hence, an examination of femicide legislation in various countries was conducted, as well as instances where such legislation is lacking; in order to ascertain whether Malta's provisions exhibit discriminatory tendencies towards men. Moreover, it draws upon judgments from the European Court of Human Rights that allege breaches in provisions based on gender, aiming to project potential outcomes for Malta's legal landscape, particularly concerning claims of discriminatory femicide provisions. Thus by critically examining the intersection of law, culture, and gender, this dissertation aims to contribute valuable insights to ongoing discourse on combating femicide while still adhering to gender equality within the criminal justice system.