Do Articles 245 to 248 of the Maltese Criminal Code on crimes of infanticide, abandonment, exposure and ill-treatment of children sufficiently safeguard the rights of the Child?

Abstract

This dissertation’s main aim was to determine whether or not the Maltese Criminal Code, in part II title VIII sub-title VIII, provides sufficient protection in regard to the rights of children. Thus, all of the information gathered in order to complete this dissertation helped with answering the main research question. Many different sources were used in order to compile all of the required information, however, the most significant source was the law. Thus, Articles 245 to 248 of the Maltese Criminal Code were closely looked at in order to determine what are the main offences and what may give rise to such crimes. Case law was also used as it helped to see how such laws are translated when such crimes occur. Apart from the Criminal Code and case law, many different journals and sources helped by showcasing what these offences are understood as being. Furthermore, this helped in showing how the provisions within the Maltese Criminal Code classify in relation to the most common understanding of such crimes. Thus, the law was closely looked at and carefully translated. Regard was given to whether or not there are any lacunae in the law and also any aspects of the law, which may be subject to interpretation. The case law showcased how the courts deal with these provisions and how they ensure that through them the necessary justice is served. Lastly, as a result of this dissertation, it was found that the Maltese Criminal Code, by virtue of these articles, does provide the security necessary to ensure specific rights that children are entitled to.