Announcements

Links to module related important announcements will be posted here. Announcements will also be sent to each student via email.

21 October 2021 - Unfortunately Dr Roberta BONELLO FELICE has been called to court for an urgent case this evening at 6pm. This means that her first lecture will have to be postponed to the coming Thursday when we will then decide together when it would be best to hold it during the coming weeks. Excuse us for the inconvenience caused.

The lecture missed on 21 October will now be delivered on Monday 20 December at 17.30hrs. For those joining online please note that a different session link has been made available below.

22 November 2021 - Following thorough consideration and having noted the consistently high daily reported COVID-9 positive cases, the Academy has decided that for the time being and until further notice, the Diploma in Law (Malta) sessions (Award in Company Law Fundamentals and Award in Criminal Law) will be delivered online only starting from the next session being held on Thursday 25 November 2021.

Online Sessions Link

To connect to the online sessions of this module please click on this link (will be made available before the module starts). You will be asked to register your attendance if you are not already signed in into your Zoom account. You will also be asked for the password which is below.

Meeting ID: 912 4541 0041
Passcode: 985922

Make sure that you show with your name & surname as you have been registered for the study programme. This is very important for attendance purposes.

For the session on Monday 20 December only - link

Meeting ID: 948 7757 8155
Passcode: 504673

Lecture Schedule & Notes

Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.

Lecturer/s  

Dr Roberta Bonello Felice

Downloadable Reading Documents

The Criminal Code, Chapter 9 of the Laws of Malta.

The Interpretation Act, Chapter 249 of the Laws of Malta

Mamo, A.J., Notes on Criminal Law, Malta

Lecture Summaries & Suggested Reading 

Lecture 1 - The Nature of a Criminal Offence

• Defining a criminal offence
• The difference between a criminal wrong and a civil wrong

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Lecture 2 - The Classification of Criminal Offences

• Commission and omission
• Formal and material offences
• Simple and complex offences
• Instantaneous and continuing
• Crimes and contraventions
• Indictable & non-indictable and triable either way
• Depenalised offences

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Lecture 3 - The Main Offences under Maltese Law

• Material and formal conditions of liability
  o actus reus
  o mens rea (dolo, culpa etc.)
  o specific intent
• Negligence or Culpa
  o negligence in the Maltese Criminal Code
  o contributory negligence
  o the victim's consent
• Operation of the Criminal Law
  o limitation by time
  o limitation by territory
• Extradition / European Arrest Warrant

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Lecture 4 - Defences

• Grounds of defences to criminal charges
  • Civil subjection
  • Coercion
  • The notions of justification + excuse at law
  • A distinction between the justifiable and excusable homicides or body harm
  • A legitimate defence
  • Mistakes of law and mistakes of facts
  • Necessity (ius necessitates)
• The General Grounds of defences from criminal liability
  • Insanity
  • Intoxication
  • Deaf
  • Infancy

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Lecture 5 - Categories of Criminal Offences

• Criminal Attempts
  • • The definition of an attempted offence
    • the distinction between preparatory acts, acts of commencement of execution and ultimate consummation of the offence
    • the notion of voluntary desistance and accidental non-consummation of the offence
    • the punishment for an attempted offence
    • application of the notion of attempt to various classes of offences.
• Complicity
  • • Definition
    • The element of "common design" required between principal and accomplice
    • The acts of complicity (moral and physical participation)
    • The relationship between the notion of complicity and the notion of attempt
    • The real and personal circumstances
    • The punishment of principals and accomplices

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Lecture 6 - Punishments

• Forms of punishment
• Probation order
• Suspended sentence
• Community work
• Conditional discharge
• Fines – multa & am

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Lecture 7 - The Criminal Code

• Forms of punishment
• Probation order
• Suspended sentence
• Community work
• Conditional discharge
• Fines – multa & am

Core Reading List

• The Criminal Code, Chapter 9 of the Laws of Malta.
• The Interpretation Act, Chapter 249 of the Laws of Malta.
• Mamo, A.J., Notes on Criminal Law, Malta.
• Smith, J. and Hogan, B., 2011. Criminal law. London: Butterworths LexisNexis.

Supplementary Reading List

• Antolisei, F. and Grosso, C., 2016. Manuale di diritto penale. Milano: Giuffrè.
• Horder, J., 2019. Ashworth's Principles of Criminal Law. 9th ed. Oxford: Oxford University Press.

Methods of Assessment

Assignment 100% of final score

Assignment

You have to choose 2 out of the 4 questions which are available in the Assignment Submission form which will be made available below. Assignment should be submitted by not later than Friday 28 January 2022. The assignment has to be submitted together with the Assignment Submission Form. Please indicate the questions which you have addressed in the Assignment Submission form.

Assignment Submission Form Criminal Law

If you need information on how to plan, draft and submit your assignment follow the 21 Academy presentation on Writing and Submitting your Assignment.

We are also making the 21 Academy's Assignments Rubric available for your guidance. This is a performance-based assessment tool. Tutors will use the rubric to assist them to allocate scoring while it allows students to understand what is required in the assignment and how it will be graded. For referencing purposes, as much as possible please use the Oscola Referencing Guide.

Assignment should be sent accompanied by the respective assignment submission form on info@advisory21.com.mt. Please send assignments in pdf format. Do not scan assignment but convert/save it directly to pdf.

Note that the submitted assignment will be scanned for plagiarism. It is advisable that before submitting your assignments, especially if submission is being done close to the deadline, that you yourself check your assignments before actually submitting them.

Referencing Style

Oscola Referencing Guide

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