A critical and comparative analysis of the concept of theft in Maltese law

Abstract

The aim of this thesis is to analyse the offence of theft and of how it is regulated in the Maltese Law. Upon analysing the regulations related to the mentioned offence, the areas which are in need of an amendment are going to be identified and examined carefully so as to try and establish the way forward for any possible amendments to our Criminal Code. Chapter one will be a general overview of the offence of theft, of how it is regulated in the Maltese Criminal Code and the articles related to this offence will be listed as well as a general analysis of the offence of theft, as regulated in Italy and in England. The following chapter will aim at defining theft and the elements of the offence. Moreover, it will tackle the issue of whether our Criminal Code is providing us with a concrete definition and the definition of theft which is being used by our Courts. The definition of theft found in the Italian Penal Code and in the Theft Act 1968 will also be analysed. In Chapter three, a thorough explanation on how our law classifies the offence of theft will be given, including examples of simple and aggravated thefts, as well as the classification of theft under the Italian Penal Code and the Theft Act 1968. Chapter four will be dealing with other offences related to theft found in the Maltese Criminal Code besides that of simple theft and aggravated theft. These offences will also be analysed in detail and compared with those offences of similar nature found in the Italian Penal Code and in the Theft Act 1968. Examples of such offences are the offence of theft by finding, the offence of theft for the mere use of the thing and the offence of handling stolen property. Chapter five will focus on the punishments established in our Criminal Code for the offences related to theft. A mention will also be made to the punishments for the offences of theft established in the Italian Penal Code and also to those found in the Theft Act 1968 so as to establish if the current punishments are adequate compared to those established by the Italian and English law. In the last chapter, styled ‘Suggestions for Amendments’, the possible way forward will be discussed, and as the title suggests, recommendations will be made on how certain regulations could be amended. To conclude, draft amendment will be proposed in relation to Title IX of Crimes against Property and Public Safety which regulate the offences related to theft in our Criminal Code.