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Hearsay Evidence

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…

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Insurance Fraud: The Law

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.…

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Recidivism

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…

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Notitiae Criminis

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…

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