by Jacob Magro – Trainee Advocate Painting: “Cardinals Eavesdropping in the Vatican,” by Henri Adolphe Laissement, 1895 The criminal trial, like any other judicial process, is aimed at the search for the truth. Its outcome depends heavily on the evidence produced and the fact finder…
by Dr Rebecca Mercieca – Junior Associate ‘Insurance fraud’, the wrongful obtaining of money or other benefits offered under an insurance policy occurs in three different ways, namely; the exaggeration of a genuine claim of a loss by submitting misleading or untruthful circumstances- Opportunistic Fraud.…
by Jacob Magro – Trainee Advocate Generally speaking, the term ‘recidivist’ refers to ‘relapse’, which derives from the Latin term ‘recado’. In terms of Article 49 of the Maltese Criminal Code, “A person is deemed to be a recidivist, if after being sentenced for any…
by Jacob Magro – Trainee Advocate Photo source: The Malta Police Force ________________________________________ The ‘notitiae criminis’ is what sets criminal prosecution in motion. The term may in fact be loosely defined as a notice, communicated to the competent authorities, that a criminal offence is alleged…
by Dr Renè Darmanin – Junior Associate As mentioned in the Part I of this series of articles about Elder Abuse – prior to 2014 in Malta there was no law dealing specifically with elder abuse. It follows that in 2004 parliament introduced new provisions…
by Dr Renè Darmanin – Junior Associate The importance of elder abuse legislation is becoming an increasingly urgent concern as the older population continues to increase throughout all continents. Back in 2014, Parliament introduced new provisions to the Criminal Code. As pointed out by various…
by Dr Renè Darmanin – Junior Associate A common notion in criminal law which a lot of people have trouble comprehending is the granting of bail. It is often heard on the news that the accused was granted bail or in Maltese ‘inghata l-helsien mill-arrest’.…
By Dr Renè Darmanin – Junior Associate On the 8th of May, Ireland enacted the ground-breaking new Domestic Violence Act 2018, this act came into operation on the 1st of January, 2019. By means of this enactment, the Irish legislator introduced a new crime…