The offence of ragion fattasi

Abstract

The aim of this study is not only to provide an explanation of the law as it is, but also to give an analysis of the development and effectiveness of the offence of ragion fattasi. This study provides an examination of the interesting legal issues that ensue from the offence of ragion fattasi. An extensive in-depth research has been made in local case law to provide a comprehensive study of the offence of ragion fattasi. A short examination of the factual circumstances of each particular case was carried out, as it is a necessary requisite to understand the offence and to categorize the particular act carried out by the agent. The Introductory Chapter sketches the main ideas of this study. Chapter 1 deals in detail with the basic notions of the offence of ragion fattasi. It seeks to give a comprehensible explanation of the offence of ragion fattasi with a constant comparison with the counter-part articles in Italian Law. Reference is also made to the exclusions to the offence of ragion fattasi. This shall be followed by a Chapter on the requisites necessary for the offence of ragion fattasi to exist. Criticism of the offence of ragion fattasi is carried out throughout this chapter and, where necessary, suggestions for amendment were pointed out. The basic similarities and differences existing between the offence of ragion fattasi and the action for the restoration of possession in case of spoliation, known as actio spolii, is the subject matter of Chapter 3. This Chapter provides coverage of the two norms, which fall within separate categories of law but are the exact counter part of each other. Chapter 4 tries to establish a demarcation line between the offence of ragion fattasi and other offences within the Criminal Code. This is done through a substantial analysis of case law decided by the Maltese Courts. Finally, the conclusion provides suggestions for reforms required in the offence of ragion fattasi.