| CODE | CRL1007 | ||||||
| TITLE | Criminal Procedure | ||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Criminal Law | ||||||
| DESCRIPTION | This study-unit deals with the Law of Criminal Procedure in Malta. The concept of the criminal action is examined, which concept lies at the very basis of the law of criminal procedure. Then it tackles the exercise of the criminal action and the organs of the state that are entrusted with the prosecution of the criminal action - The Executive Police and the Attorney General. An analysis of the powers and duties of the Executive Police and Attorney General is made, including a study on the law regulating the bill of indictment. It also deals with the competent fora wherein this criminal action is exercised, namely the Courts of Criminal Jurisdiction. An analysis of the powers and competencies of Court of Magistrates, both as a Court of Criminal Inquiry and as a Court of Criminal Jurisdiction is carried out. This is also complemented by an analysis of the powers and competencies of the Criminal Court, (especially trials by jury) and the Courts of Criminal Appeal, both in its Inferior and Superior Jurisdiction, together with the relative grounds of appeal provided for by law. Sentencing policies and principles are also discussed. An examination of the powers and duties of Magistrates carrying out investigations relating to the in genere is also undertaken. The concept of bail is also tackled in detail, as are also other aspects of procedural rights of the accused, including human rights and fundamental freedoms competent. Study-unit Aims: This unit will focus on the Law of Criminal Procedure. It will help the student understand the mechanisms regulating criminal justice, the prosecution of the criminal action, the Courts that are vested with this important task, the rights of the accused before a court of criminal jurisdiction and powers of the executive police and the procedures regulating trials by jury and trials before Court of Criminal Appeal. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: 1. Gather an advanced understanding of the the Law of Criminal Procedure in Malta. 2. Understand the mechanisms regulating criminal justice, the prosecution of the criminal action, the Courts that are vested with this important task, the rights of the accused before a court of criminal jurisdiction and powers of the executive police and the procedures regulating trials by jury and trials before Court of Criminal Appeal. 2. Skills: By the end of the study-unit the student will be able to proficiently follow criminal trials and understand the mechanisms applicable by law. Main Text/s and any supplementary readings: 1. Essential reading The Criminal Code, Chapter 9 of the Revised Edition of the Laws of Malta, available on http://www2.justice.gov.mt/lom/chronological_index.asp 2. Specialised reading Mamo, A. (1956) Notes of Criminal Procedure), Malta: Għaqda Studenti tal-Liġi (available from Għ.S.L., Faculty of Laws). |
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| ADDITIONAL NOTES | This study-unit is only offered to Criminology students who have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Anthony Casha |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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