An analysis into the institute ‘investigation relating to the in genere’ and the right to a fair trial

Abstract

This work analyses to what extent the right to a fair trial as safeguarded in Article 39 of the Constitution and Article 6 of the ECHR is applicable during the in genere stage. It touches upon the historical development of the institute ‘Investigation Relating to the in genere’ and whether the amendments that took place ensure that the right to a fair trial is guaranteed to the suspect person. The dissertation delves into the distinction between the ordinary and special procedure of holding an ‘Investigation Relating to the in genere.’ It becomes evident that the special procedure as established in Article 546(4A) of the CC whilst giving direct access to justice to the private citizen, fails to guarantee that justice must not only be done but it must also be seen to be done. The conflicting judgements delivered by the ECtHR and the local Courts in relation to the applicability of the right to a fair trial during the investigative stage are also examined. A comparative analysis is made into the investigative methods adopted in England and Wales, Italy, and Germany, with the possibility of determining which legal system is best in safeguarding the right to a fair trial during the investigative stage. In conclusion, the work advocates recommendations for legal reform through which the Maltese legal system could ensure that the right to a fair trial is better warranted during the in genere stage.