A critical analysis of the status of ‘parte civile’ in criminal proceedings (with particular emphasis to Malta)

Abstract

This study sheds light on the procedural rights of the complainant as adopted by the Maltese Criminal Code, vis-à-vis the general provisions regulating the parte civile. It is to be determined who may be admitted as a parte civile and whether the rights of the parte civile should be extended to include their active participation. A distinction between the term ‘victim’ and parte civile outlines the purpose of this study in identifying the status of the parte civile within criminal proceedings. Due to the discrepancies in the law, it is clear that the parte civile is granted different rights in front of the Court of Magistrates in comparison to the Criminal Court. This could in fact lead to prejudice the parte civile in the case where proceedings take place before the Criminal Court. The prosecution is run by the Attorney General in front of the superior court, where the parte civile solely possesses the right to request the court, personally or through legal counsel, to make submissions on a guilty verdict. This outlines the lack of legal standing of the parte civile before the Criminal Court during the proceedings, prior to the verdict. The dissertation therefore debates the necessity of disrupting the status quo and re-visiting the situation by comparing the locus standi of the parte civile before a Court of Magistrates in comparison to the restrictive role that exists before the Criminal Court and Court of Criminal Appeal. Through the analysis of judgements and decrees, the study will show whether the Courts are consistent in their pronouncement on the rights of the parte civile. This will essentially identify the admission and exclusion of the parte civile in criminal proceedings. Moreover, the study also focuses on whether there should be an unlimited right to appeal from a decree or judgment given by the Court of Magistrates, particularly at the beginning of a sitting wherein the Court rejects a demand for the parte civile to form part of proceedings. Moreover, reference will also be made to the institute of the parte civile within other jurisdictions, with particular reference to the European Court of Human Rights’ case-law.