Revisiting the legal age of majority in Maltese Criminal Law

Abstract

An increase in offences committed by minors aged between 14-18 years and the number of times that a minor commits another offence has led to question whether the law should revisit the legal age of majority in Maltese Criminal Law. Article 37 of the Criminal Code regulates minors that commit a criminal offence. Although minors are still subject to the law, article 37(2) establishes that since the offenders are still minors and lack a certain level of maturity, any sentence delivered is to be decreased by 1-2 degrees. This term paper will evaluate if the 1-2 degrees and the established age of criminal responsibility are still applicable in today’s society. This study made reference to books, articles, thesis, Maltese legislations and case law so as to better understand if a reform is required in article 37 of the Criminal Code. Replacing the age threshold established in the Criminal Code will be discussed throughout this study. As of 1973, minors aged 16 years have been emancipated to engage into trade. This was followed by the right to marry in 1995, the right to draw up a will in 2004 and so on. However, when it comes to the same age group of minors, article 37 of the Criminal Code first implemented in the 1900’s and last amended in 2014 still regards 16-18 year olds as minors. Therefore, there is a clear miscommunication when it comes to criminal responsibility in comparison to civil responsibility. Chapter one will provide a general introduction and will discuss the concept of age, understanding and the level of maturity in minors. Chapter two will make reference the English, Italian and French Criminal Codes which in particular are the main influences on the Maltese Criminal Code and the approach adopted by them in establishing the age of criminal responsibility. This will be followed by a history of the changes that have occurred with regards to age of criminal responsibility and the functions of the Juvenile Court in Malta. Analysis of article 37 of the Criminal Code will be carried out in depth making reference to judgments falling under the article in question. Chapter three will deal with the civil legislations that make particular reference to minors namely the Marriage Act, Commercial Code and the Civil Code. This chapter is aimed to illustrate that the term minor is drastically different between the Criminal legislation and the Civil legislations when it comes to establish responsibility. Chapter four includes opinions of professional individuals who have hands on experience in the field of minors. Their knowledge on the subject aims to establish if in practice article 37 is effective. This study concluded that, article 37 of the Criminal Code should consider lowering the age of criminal responsibility whilst retaining the 1-2 degrees decrease together with proof of mischievous discretion; or, alternatively maintain the age of criminal responsibility at the age of 16 however removing the 1-2 degrees and the proof of mischievous discretion so as to bring the Criminal Code in line with all the other Maltese legislations.