Safeguarding the minor in the criminal code.

Abstract

This thesis is an analysis of the way the Maltese Criminal Code protects the minor in its substantive offences. This work takes the reader through various provisions whereby the Maltese legislator has made a specific reference to minors, creating or aggravating offences so as to provide a more serious deterrent. These offences are divided into three chapters according to the nature of the harm that the offence is addressing. Each chapter is divided into different sections according to the offence discussed. The first chapter starts off with a study of the sexual offences which involve the gratification of the offender, namely rape, defilement of minors and violent indecent assault. The second chapter deals with offences which have an element of exploitation, namely prostitution, pornography and trafficking of persons; as well as offences where the minor is physically removed his home for any other reason, that is abduction and kidnapping. Finally, the third chapter discusses offences that involve the death or physical harm of a minor by analysing the offences of infanticide, abortion and bodily harm. This analysis is substantiated with various references to Maltese judgments, as well as foreign judgments. It is also accompanied with references to the position in foreign Criminal Codes in order to be able to compare, contrast and interpret the position under Maltese Criminal Law. The writer dedicates the conclusion of this work to the next step the Maltese Criminal Code should take with the aim of creating a complete protection of minors.