The "In Genere" : is it an effective tool for the investigation and prosecution of crime?

Abstract

The aim of the thesis is to shed more light on the so-called In Genere system of 'the inquest' or investigation and help to better understand the relevant procedure. Steps are taken to survey the procedure focusing on the reasons why it is carried out and what are its effects. By way of necessity chapter one deals with the historical background of the In Genere by giving a brief exposition of the promulgation of the legislation and historic-legal milestones relating to the sources and the development of the procedure. It imparts a study of the various amendments that took place throughout the years and that contributed to shape the inquest as it is today. Chapter Two, then discusses the powers and functions of the main and secondary players in the procedure, mainly the Duty Magistrate, the Attorney General, the Executive Police and the Experts. Next, Chapter Three, puts the roles and functions of the drammatis personae within an administrative framework and the extent to which these tasks are enforced. In doing so one can study whether the In Genere at present is an effective tool or otherwise for the investigation and prosecution of crime. Chapter Four treats the Inquiries Act, Chapter 273 of the Laws of Malta and other inquiries besides the In Genere that are carried out amongst which the OPM and Maritime and delves into their usefulness, and whether these could hinder the effectiveness of the In Genere. The next chapter, the fifth, is a comparative study of some foreign jurisdictions' procedures and their efficiency when it comes to investigation and prosecution of crimes. It mainly looks at the Italian system of criminal investigation, in particular the institution, role and function of the Pubblico Ministero. Finally, the thesis concludes with Chapter Six which highlights those areas in the In Genere in need of reform and gives proposals for change with the aim of making this inquest a more efficient means for both the investigation and prosecution of crime.