| CODE | CRL1011 | ||||||||
| TITLE | Criminal Procedure and Criminology | ||||||||
| 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 from a Criminological perspective. 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. In addition, the role / participation of victims is examined together with the safeguards in place in the process as regards to the accused. Developments at an EU level and their impact on the Maltese criminal law process are duly considered. It also deals with the competent for a wherein this criminal action is exercised, namely the Courts of Criminal Jurisdiction together with the principal rules of evidence. 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 overview of the powers and competencies of the Criminal Courtand 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 together with the powers of the President of Malta in the application of the prerogative of mercy. An examination of the powers and duties of Magistrates carrying out investigations relating to the genre is also undertaken. Study-unit Aims: This unit will focus on the Law of Criminal Procedure. It will help the student to 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. identify the key elements of the Law of Criminal Procedure in Malta; 2. discuss the mechanisms regulating criminal justice, the prosecution of the criminal action, the Courts that are vested with this important task; 3. demonstrate knowledge of the rights of the accused before a court of criminal jurisdiction; 4. demonstrate knowledge of the powers of the executive police; 5. differentiate 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: 1. proficiently follow criminal proceedings trials; 2. discuss the mechanisms applicable by law; 3. differentiate between the remits of the diverse professions and entities involved in the process. Main Text/s and any supplementary readings: - The Criminal Code, Chapter 9 of the Revised Edition of the Laws of Malta. Available online http://www2.justice.gov.mt/lom/chronological_index.asp EU Legislation • Council Framework Decision on the standing of victims in criminal proceedings (Council Framework Decision (2001/220/JHA)of 15 March 2001 on the standing of victims in criminal proceedings). • DIR 2010/64/EU on interpretation and translation. • DIR/2012/13/EU on the right to information. • Directive DIR/2013/48/EU on minimum standards on the right of access to a lawyer in criminal proceedings and the right to communicate upon arrest. Specialised reading - Mamo, A. (1956) Notes of Criminal Procedure, Malta: Għaqda Studenti tal-Liġi (available from Għ.S.L., Faculty of Laws). Available online http://www.ghsl.org/en/products/webshop/bycategory/35/name/asc/10/1/criminal-law-of-procedure-.htm |
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| STUDY-UNIT TYPE | Lecture and Fieldwork | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Sean Xerri De Caro |
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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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