Turning state's evidence in Maltese criminal law : a historical and contemporary overview

Abstract

This thesis is a historico-legal survey of State's evidence under Maltese Criminal Law from the promulgation of the Criminal Code in 1854 down to the present day. The aim of the thesis, the sources tapped and the method used in the writing of the thesis are mentioned in the first chapter. The second chapter refers to the process leading to the promulgation of the Criminal Code in 1854. The inclusion of a provision relating to State's evidence in the Code is treated in chapter 3. An overview is also made of the general interpretation given to State's evidence by the Courts. Chapter 3 covers relevant case-law from the promulgation of the Code to 1871. Next, comes chapter 4 where amendments made to the Criminal Code are mentioned with emphasis on the law of evidence on the strength of case-law. Early twentieth century trials and application of State's evidence are examined in chapter 5. Reasons are identified in regard to the granting of pardon when crime was rather more sophisticated and complex. The role of the Malta Police Force in the investigation of crime at the time is included. Chapter 6 exammes later twentieth and early twenty-first century cases which reviewed the position of the Maltese Courts.