Confessions under Maltese criminal law and related human rights issues

Abstract

In criminal investigations, confessions are considered to be crucial evidence as they can secure a conviction of the suspect. Indeed, in legal jargon confessions are referred to as the Regina Probationum - the queen of all proof. If the prosecution has a confession at its disposal, it may obtain a conviction solely on the basis of that confession. A free and voluntary confession made according to law suffices to warrant a conviction, without any corroborative evidence. In this thesis I examined confession evidence under Maltese criminal law and proposed several amendments. In pursuance of this aim, I first introduced the subject by making a comparative analysis of confession evidence in different jursidictions such as the United Kingdom, the United States, and Italy. In Chapter 1, I listed various definitions on confessions and distinguished between the different types of statements and their probative value. Specifically, I analysed various issues relating to self-incriminating statements and also listed the different types of judicial confessions possible under Maltese law. In Chapter 2, I evaluated the admissibility and validity of confession evidence under English and Maltese law with the purpose of highlighting the discrepancies between the two. While English law has various grounds of inadmissibility, under Maltese law a confession may be vitiated only on the basis of Article 658 of the Criminal Code. The dissertation also discusses two important amendments to the Maltese Criminal Code which introduced the rule of inference from failure to mention facts subsequently relied on, and the right to legal advice, which have a direct bearing on confession evidence (Chapter 3). The related human rights issues discussed include retraction, the right to silence and the privilege against self-incrimination, and police methods of investigation which impinge on the accused's right to a fair trial. In conclusion, I made various proposals for reform particularly in the area of admissbility of confessions and the right to legal advice.