The concept of Culpa in Maltese criminal law

Abstract

The purpose of this Thesis is to enquire into the legal concept of culpa with the aim of attaining a clearer picture of this concept as it stands in our Criminal Law. Culpa has indeed been the subject of much theoretical discussion, and it is quite remarkable that whereas we find a considerable literature on this concept in foreign legislation, in Malta the subject has almost always played a secondary role, although indeed it was stressed often by our Courts that we lack a precise notion of this concept. The purpose of this thesis is to see to what extent have the various notions of culpa, as they exist on the Continent and in England, been adopted in our case-law, thus helping us to obtain a uniform doctrine on the subject. Accordingly, in such a search, particular emphasis shall be laid on the comparative angle and our case-law, since these, to my mind, reflect best the intention of the legislator. A distinction shall also be drawn between the concept of culpa as it exists in Civil Law and in Criminal Law, as such a distinction helps in drawing out the borderline of criminal liability, and consequently helps us in distinguishing acts which are labelled as criminal. and those other acts merely giving rise to civil damages. [...]