The exception to the rule that the criminal action is prosectued ex officio : criminal actions which need a complaint and private criminal actions

Abstract

The criminal action in Malta is prosecuted ex officio by the Executive Police. However the law provides an exception to this rule which exception refers to those offences which require the complaint to set the criminal action in motion. Moreover in some cases the law not only requires such complaint but vests the private party with the right to prosecute. This thesis is an analysis of the exception to this general rule that a criminal action is prosecuted ex officio. This thesis starts with an Introduction that sheds a light on the aim of the thesis, the sources used and a brief historical background of the proceedings in Malta up to the 1854 Criminal Code. The study will commence with Chapter One with a review of the nature, right and prosecution of the criminal action. Chapter Two will subsequently study the institute of complaint examining the foundation and nature of the complaint, the requisites for a valid complaint and who may lodge such complaint. Chapter Three deals with the offences which require a complaint and will study those offences which require the complaint, the exceptions where the Executive Police may proceed ex officio even without such complaint, the role and rights of the party aggrieved and the waiver of the complaint. Chapter Four deals with the private criminal action and will analyse the offences for which prosecution is left in the hands of the private party, the exceptions, the procedure of such action and the right of appeal of the 4 complainant. It examines also whether such action is actually a private action or whether it is a public action. This thesis is concluded by the Evaluation and Conclusion Chapter which evaluates by way of critique the main points tackled throughout the thesis whilst suggesting possible amendments and reforms.