A legal comparative analysis of the prison system in Malta and Finland

Abstract

This dissertation conducts an in-depth research and comparative examination of the prison systems in Malta and Finland. It explores the complexities of these institutions, focusing on important topics such as sentencing policies, prisoners' rights, human rights, rehabilitation and reintegration, as well as judicial monitoring and responsibility. This study intends to achieve optimum findings by conducting a comprehensive examination of current literature and legal frameworks using the desk-based research approach. The main findings include consistency in sentencing policies, prisoners' rights and human rights, the implementation of restorative justice concepts, approaches for reintegration and recidivism, and difficulties associated with overcrowding. Through this multifaceted examination, the dissertation contributes to a nuanced understanding of the similarities and differences in the prison systems of Malta and Finland, unveiling key aspects that are crucial for ongoing discourse and potential reforms. Through this research, notable legal gaps have been discerned within the existing legislation. Although there are outstanding legislative frameworks in place, there is a noticeable discrepancy between the law and the existing condition of the prison system. The examination and comparison of Finnish prisons, whilst recognising their limits, have revealed the notion of penal exceptionalism in Finland—a strategy considered valuable for prospective incorporation into the prison system of Malta. The outcomes of the dissertation highlight a lack of research, indicating the need for further study to catalyze the essential reform in Malta. Hence, the suggestions delineated in the concluding chapter encompass a comprehensive array of strategies, incentives, and policies aimed at strengthening the Maltese prison system. Addressing the identified legal gaps and drawing insights from successful aspects observed in the Finnish system, these recommendations aspire to contribute to the advancement and enhancement of Malta's prison infrastructure and operations. It is crucial for further research in order to enhance these recommendations and usher in comprehensive reforms aligning with the evolving needs of the Maltese Prison System.