The perit’s responsibilities : civil law concepts in a criminal law context

Abstract

This article examines the extent to which civil-law standards governing the duties of the perit—particularly those relating to supervision, diligence, and oversight— can inform findings of criminal negligence under the Maltese Criminal Code. It accepts that civil jurisprudence offers a legitimate foundation for understanding the perit’s professional role, but argues that criminal attribution demands a higher threshold: one grounded in demonstrable fault, foreseeability, and causation. Through a doctrinal analysis of key Maltese judgments and comparative reference to German, Australian, and English legal standards, the article shows that the perit’s liability must be assessed through the lens of criminal law principles, not merely inferred from civil expectations. The analysis insists that this is not a plea for exoneration, but a call for doctrinal coherence. The paper concludes by proposing a calibrated model of accountability—role-true, risk-sensitive, and fault-based—that protects both public safety and the integrity of criminal attribution.