Crimes of fraud in Maltese law (Fraus omnia corrumpit)

Abstract

In this thesis it is proposed to examine the three principal crimes of fraud in Maltese law, namely misappropriation, false pretences and other fraudulent gain, with special emphasis on the main problems that frequently arise in the courts, as, for example, the vexed questions of "possession" , the "mise en scene" and the criminal imputability of the lie ("les paroles Ii mensongeres"). Most of these problems have already been studied in a number of decisions of the Maltese courts. An effort has been made to trace these cases, considering the difficulties involved. In so far as it has been possible to trace them they will be referred to and an effort will be made to consider them in the light of more recent continental doctrine and cases. This is essential considering that most of the substantive part of our Criminal Code is based on the Neapolitan Code or Codice del Regno delle Due Sicilie of 1819.This was based on the French Code Penal of 1810, which also served as the main source of the various Italian codes of the past century, culminating in the Codice Penale Italiano of 1889 (Codice Zanardelli) and that of 1930 (Codice Rocco), both of which were the subject of long study and analysis.