Incitement, conspiracy and participation in a criminal organisation with special reference to Maltese criminal law

Abstract

This research exercise is a detailed study of three particular concepts / offences: • incitement - persuading another to commit an act which would involve the commission of an offence; • conspiracy - an agreement between two or more persons to commit a criminal act; and • participation in a criminal organisation - directly or indirectly assisting a criminal organisation, set-up with a view to commit serious crimes to secure a financial or some other material benefit. The Introduction is aimed at placing the reader in the proper perspective. In fact, it secures the reader's understanding by illustrating the analytical approach adopted throughout the whole thesis and the reasons justifying such an approach. It also sheds light on the sources of information tapped as well as problems which were encountered throughout the research stage and which left their indelible mark on the work. Chapter One then introduces the reader to the subject-matter proper of this thesis. The chapter includes a discussion as to the nature of inchoate liability. Reference is also made to arguments justifying the imposition of criminal liability vis-a-vis inchoate conduct. The subsequent chapters examine each of the three offences in some detail. Chapter Two focuses entirely on incitement whereas Chapters Three and Four are entirely devoted to conspiracy. To be more precise, Chapter Three examines the concept of conspiracy as it has developed under English, American and Italian Law. Chapter Four, on the other hand, is completely Maltese-law oriented. The penultimate chapter, that is Chapter Five, tackles the offence of participation in a criminal organisation. The new section 83A of the Maltese Criminal Code is examined in the light of the associazione per delinquere offences under Italian Law and the United Nations Convention against Trans-National Organised Crime (CATOC). Chapter Six rounds off this research exercise by identifying the elements in the relative Maltese Criminal Code sections which in my humble opinion require some fine tuning.