Removing the excuse of sudden passion as a defence to the crime of femicide : a critical analysis

Abstract

This analysis delves into the legislative reform introduced in Chapter 9 of the Laws of Malta through Act X of 2022. It particularly focuses on the incorporation of the offence of femicide into Maltese law and the corresponding amendments to Article 227(c) of the Criminal Code. Stemming from concerns raised by the tragic murder of Paulina Dembska and the subsequent establishment of the FEM-UnitED project, Act X of 2022 aimed to address gender-motivated murder against females, within the Maltese society. This dissertation provides an overview of Malta's legal landscape prior to the 2022 amendments. It highlights cases of wilful homicide involving femicidal circumstances and the invocation of the defence of sudden passion. A light is shed on pivotal events in the country’s history which underscored the pressing need for reform. Delving into the amendments introduced by Act X of 2022, specific focus is afforded to the additional proviso added to Article 227(c), restricting the application of the defence of sudden passion in cases of femicide. Through a thorough examination of the legislative process leading to the enactment of the amendments, this dissertation aims to determine the legislative intent behind the reform. Additionally, the constituents of the defence of sudden passion prior to its restriction are explored. This, in order to establish the outcomes of the amendments and hence the consequences to the excuse of sudden passion’s purported removal. The constitutionality and effectiveness of this reform are examined in light of the intended legislative aims. To conclude the analysis, emphasisis placed on the need for further research and inquiry to fully address the research question posed by the study. Ultimately, this dissertation aims to contribute to the scholarly discourse surrounding gender-based killings and assess the effectiveness of the enacted legal reform in addressing such injustices.