Contraventions (an analytical and comparative study)

Abstract

The Criminal Code creates a bi-partisan system of offences, distinguishing crimes from contraventions. Contraventions also arise under other special laws. The aim of this thesis is to demonstrate the flexibility of this category of offences - a flexibility that allows these offences to be applied in the vast majority of legal scenarios. This thesis has been structured to ensure that a correct understanding of what the author refers to as the phenomenon of contraventions, is clearly understood. Chapter One as the introductory chapter deals with the notion of a contravention according to Maltese law. It deals with contraventions in general without being limited to the contraventions in the Criminal Code. The various criteria to distinguish between crimes and contraventions are mentioned here. Chapter Two deals with the mental element required in contraventions. Case law has suggested that all that is required is that the act committed is of a voluntary nature. This Chapter defines this undisputed statement and inferences are made from case law to this effect. Furthermore this Chapter tackles the moot point whether the notions of strict liability and absolute liability are incorporated in our laws Chapter Three deals with the manner in which offences are classified in foreign jurisdictions - Italy, France and Germany. Naturally particular importance is given to contraventions or their equivalent. Also this Chapter discusses the process through which these jurisdictions arrived at having the Criminal Codes currently enforceable. The punishment of contraventions and particular methods of extinction afforded to contraventions in Italy arc dealt with in Chapter Pour. This Chapter has been structured to identify what the scope is for punishing contraventions and moreover what criteria is used in selecting certain contraventions and depenalising them. Furthermore this Chapter considers whether or not the current system of Local Government has had any affects on the regime of contraventions. Chapter Five is the concluding chapter and sees the development of a debate on the issue of contraventions against administrative penal law. Three Appendixes follow. Appendix "A" lists laws establishing that the offences created thereunder are contraventions and Appendix "B" lists laws creating administrative offences, penalties or fines. Appendix "C" on the otherhand is a detailed table of variances since all existing tables of variances do not deal with the break down of the individual paragraphs - ex the 1984 edition of the laws of Malta simply states that section 338 was previously section 352 in the 1942 edition). This table also includes the Act of Parliament by which each particular paragraph was introduced in the Criminal Code as well as all subsequent amendments.