| CODE | CRL2006 | ||||||||
| TITLE | Substantive Criminal Law 1 | ||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 6 | ||||||||
| DEPARTMENT | Criminal Law | ||||||||
| DESCRIPTION | This study-unit gives an overview of a number of criminal offences so chosen in order to illustrate the variety of interests which the Criminal Law seeks to protect while ensuring that the principal offences are dealt with. A comparative law approach is taken wherever possible since this affords new insights into the offences in question. In this study-unit offences of wilful and involuntary homicide and the various bodily harms are also analyzed in detail with particular focus being laid on the nature of the nature of the intentional element with respect to each. The distinction between justifiable and excusable homicide/bodily harm is drawn and its effects explained. Finally, the more important sexual offences will be analysed from a robust comparative law perspective. In this context the offences of rape, abduction, defilement of minors, violent indecent assault and other offences including an overview of offences involving prostitution will be examined. Current developments and the evolution of case law with respect to the various offences will be explained. The select criminal offences covered in this study-unit are as follows:- - Forgery and the Notion of Documents; - Of Crimes against Property and Public Safety, with particular focus to the offences of theft and fraud; - Crimes against the safety of the Gvernment; - Crimes Against the Administration of Justice and Other Public Administrations; - Of Calumnious Accusations, of Perjury and of False Swearing. Study-unit Aims: - Teaching the substantive offences in criminal law found in the criminal code. Furthermore basic skills of reading and interpreting criminal law in general will be given. - Focus shall be placed on explaining the main offences in our criminal code. The law will be examined together with explanation by jurists and leading case-law. - The principle aim is to ensure that students first of all understand the major substantive offences under our criminal law. - The subsidiary aim is to ensure that students learn the required skills to understand, read, interpret and apply criminal law in general so that they may also be able to read, understand, apply and interpret other provisions of criminal law. - The interplay and importance of rules on interpretation with the aid to reference to jurists and case-law will also be taught. - Complementing the lectures, tutorials will help students understand and discuss various interpretations and applications of the law. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Read and comprehend the main offences in criminal law forming part of the syllabus of criminal law; - Read and assess provisions of criminal law generally understand the principle interplay in interpreting criminal law; - Demonstrate and explain the manner in which jurists and case-law assist in the interpretation of law. 2. Skills: By the end of the study-unit the student will be able to: - Apply and interpret criminal law provisions to given facts or cases; - Assess a particular set of facts and apply substantive criminal law to these facts and determine the particular criminal offence and the general defences possible according to law. Main Text/s and any supplementary readings: Textbooks and Handbooks: The latest editions of: 1. Notes on Criminal Law, by Professor Mamo; 2. Criminal Law Handbook, Dr Stefano Filletti, Kite Group; 3. Criminal Law, JC Smith and Brian Hogan, Butterworths. Further reading: 1. Manuale di Diritto Penale, Francesco Antolisei, Giuffre’; 2. Principles of Criminal Law, Andrew Ashworth, Clarendon Press; Legislation: 1. The Criminal Code, Chapter 9, Laws of Malta 2. The Constitution of Malta, Chapter 1, Laws of Malta 3. The Press Act, Chapter 248, Laws of Malta |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Agius Bonnici Jason Azzopardi Stefano Filletti Charles Mercieca Lucio Sciriha |
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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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