Compensation for victims in criminal proceedings

Abstract

As a general procedural rule, criminal proceedings determine whether a defendant is guilty, which would result in the punishment of the offender. On the other hand civil proceedings determine whether a defendant is responsible and if so result in compensation for the victim. This research project focuses on the idea of providing courts of criminal jurisdiction with the additional authority of quantifying damages and awarding compensation for victims. Consequently, this entails that the victim would not have to, at his own expense, initiate civil proceedings to recover the damages he suffered as a result of the crime. Based on the restorative theory of justice, the compensation order is the main sanction reflecting this concept. Therefore this study analyses the role of the compensation order in our penal system, which is quite limited when compared to other jurisdictions. The final aim of this study is to evaluate the practicality of extending the role of the compensation order within our penal system and propose a manner by which this sanction would be best endorsed. Nevertheless, since this sanction is an exception to the general procedural rule referred to above, the extension and enhancement of its role in the Maltese penal system is not straightforward.