A treatment of the historical evolution of the court’s interpretation of Article 209, Chapter 9, following the Second World War

Abstract

This thesis incorporates a historical overview of the formation of the Maltese Criminal Code, Chapter 9 of the Laws of Malta, and Article 209 of the same Code. It is an analysis of Court judgements relating to Article 209, prior to and post the Second World War. However, in order to analyse these judgements, the author had to delve into the specific elements which form part of Article 209. Although this article is an umbrella provision, it includes various elements which require deep study. Interestingly, although certain elements have withstood the test of time, they have never been specifically defined; such as in the case of morality and decency. The result has shown that lack of definition has been the reason behind why such elements have in fact blended with their surroundings throughout the years, and hence making Article 209 a flexible provision without requiring major changes. In practice, Article 209, although not specifically defined has lured judges and magistrates into questioning the true meaning behind morality, decency and public place. As a result, case law has in fact given clear guidelines to the interpretation of the elements of a public place, and a place exposed to the public. However, morality and decency are still poorly defined, and this is due to their subjective nature. Therefore, both elements are reviewed on a case by case basis, relating to the circumstances that are presented to the Court. In order to make this thesis a clear and complete study, the author has carried out interviews with professionals who are considered to be key figures in society.