Public and private violence : a legal analysis

Abstract

Violence as a legal topic is very wide. Two classifications of violence are public violence and private violence. This thesis analysis the two categories with the aim of comparing and contrasting them. Further, the aim is to conclude whether the legislator was more concerned with protecting the society as a whole, that is when the offence is against public peace or the individual as a person when the offence is against the person. The thesis takes a comparative approach, going into the legal systems of Italy, Great Britain, France and naturally Malta. Public violence is limited to the definition as given in Article 63 of the CC. It is noted that such offence is only found under Maltese law as it is alien to the other legal systems. The equivalent offence or the most similar offences with regards the other legal systems are analysed for the purpose of comparison. Associazione per delinquere is looked into where Italian law is concerned, public disorder and riot are analysed for the law of GB and attroupement with regards French law. The same applies for private violence, that is, it is only limited to the definition as given in the CC. Interestingly, the equivalent offence under Italian law is closely related to private violence as found under Maltese law. The law of Great Britain does not provide for a similar offence. For the purpose of this thesis assault is looked into, although it differs greatly from private violence. French law does not provide for either offence. The only offence that addresses violence vis-à-vis a person is where such violence results in involuntary death which is irrelevant for the present thesis. It is concluded that private violence under the CC and violence against the person is adequately protected. Protection is provided in more legislations than just merely the CC. The same cannot be said about public violence where some instances, such as when person gather together but they do not carry arms proper and are less than ten in number are not catered for.