A study of the grounds of complicity under Maltese criminal law

Abstract

This thesis shall principally consist in a detailed study on how an individual, who is not the author of an offence may still be saddled with criminal liability in such offence, namely as an accomplice. However before proceeding on such elaborate analysis on the various fonns of complicity, recognised under Maltese law, in chapter 1, I propose to discuss the ambit of operation of the law on complicity, and how such law contained in the general part of the Criminal Code, is intended by the legislator as an instrument, which widens the notion of liability as defined in the special part, with respect to the offences therein contained. In order to define more appropriately the limitations of the role of the accomplice, chapter 1 shall also include a discussion on the role of the author of the offence, namely the person who executes the "actus reus". Just as the author of an offence may not be held criminally liable if he lacked "mens rea", so too a person may not be held liable as an accomplice unless his participation was coupled by the requisite formal element. In chapter 2, I will thus elaborate upon what constitutes the "guilty mind" of an accomplice. As stated, the greater part of this study is an attempt in answering the question as to who is an accomplice at law. This analysis is contained in chapter 3, which is entitled" Modes of Complicity", and to a certain extent in chapter 4, which highlights those cases in which omission could also amount to complicity. Discussion will be made on how the particular role of the accomplice compares with that of the author and how such comparison may serve to help the court in laying down, within the same minimum and maximum latitude of punishment fixed for the offence, the particular punishment for each co-participant. Though the notion of complicity in contraventions does not recur so frequently before our courts. I feel that the subject raises a number of interesting points which merit comment. One such question, is whether the accomplice, like the contravenee, can still be saddled with liability, if he lacks the formal element. A detailed analysis on the matter will be included under chapter 5. Chapter 6 brings the thesis to a close with a study on the theory of "Innocent Agency". Reference will also be made to activity which is innocently lent to the author of an offence, and which would have otherwise given rise to complicity. Proposals for amendment, will not be tackled under one specific chapter, but will be appropriately inserted under the various aspects of discussion. Throughout the whole work, reference will be made to the commentaries of English and Italian authors, with more space being afforded to the latter, since our law of complicity, in particular Section 42 owes its origin to Continental law. Local judgements, along with English and Italian judgements, will likewise play their part in my attempt at contributing towards a better understanding of the figure of the accomplice under Maltese law.