Criminal law

Indicators used to distinguish crimes and contraventions

forfeiture, attempts, previous convictions, recidivism, prescription period

Punishments for crimes

• Imprisonment

• Solitary confinement

• Interdiction

• Multa

Punishments for contraventions

• Detention

• Ammenda

• Reprimand/admonition

Conditions for criminal corporate liability under Article 121D

offence committed by person in power, act committed on behalf of the company for the benefit of the company

Main situations where an act may be justified

permitted by law, actual necessity, lawful self defence

Characteristics of lawful threat in self-defence

unjust, grave, inevitable

Situations recognised as excusable homicide/bodily harm

• Provocation

• Repelling access during daytime

• First transport of sudden passion

• Excess of limits imposed by law

• Infanticide

Requirements for provocation

act of provocation, actual and reasonable loss of self control, proportionate retaliation

Circumstances excluding excusability

• Lawful correction

• Public officer performing duty

• Fake/planned provocation

• Accused initiated provocation

• Failure to retreat

McNaughton Rules

• Every person presumed sane until proven otherwise

• Must prove defect of reason due to insanity

• If accused knew act was wrong → punishable

• Delusion judged as if believed facts were true

Three losses recognised under Maltese insanity law

loss of understanding actions, knowing rights vs wrongs, choice

Requirements for involuntary intoxication defence

• Intoxication involuntary/accidental

• Intoxication complete

Four elements of conspiracy

agreement, persons agreeing, criminal purpose, mens rea

Ways conspiracy may be proved

• Circumstantial evidence

• Conduct of accused

• Surrounding facts

• Overt acts

Conditions for specific intent intoxication defence

• Offence requires specific intent

• Intoxication prevented formation of that intent

Two forms of incapacity in insanity

• Intellectual incapacity

• Volitional incapacity