A critical analysis of conspiracy under Maltese criminal law

Abstract

Conspiracy may be defined as an agreement between two or more persons, to commit a crime. In Malta, criminal conspiracy is established by Article 48A of the Criminal Code, and despite being concise, the supplementary legislation and abundant jurisprudence, both local and foreign, are paramount to the understanding of the law of conspiracy in Malta. Case law establishes that the key elements which constitute the crime of conspiracy are the agreement between two or more persons, the intent and the agreed plan of action, all of which are requisites for the crime to subsist. There are numerous legal concepts which are solely established by the courts, and are thus not found in Maltese legislation. Malta comprises of a hybrid legal system, and thus the legislator has moulded the Maltese law of conspiracy on both common law and civil law principles, making it one of the most substantial pieces of legislation in modern day criminal prosecution. Indeed the introduction of the law of conspiracy has effectively extended the reach of the law in prosecuting criminals before the substantive crime is committed. This thesis is intended to provide a critical analysis of the provisions that comprise the law of conspiracy in Malta, as well as to examine jurisprudence, to understand how the law is interpreted and implemented in Maltese courts, as well as to provide a comparative analysis of the provisions on the law of conspiracy by some of the most influential jurisdictions. In this study, an attempt shall be made at providing a detailed legal blue print on conspiracy as a crime in Maltese law.