The evolution of the concept of Rissa in Maltese law with reference to section 237 of the criminal code

Abstract

As a manifestation of violence, brawls have always been one of the most common problems with which the authorities that we have had to deal with in order to maintain the public peace. The concept of rissa or accidental affray has therefore by necessity developed since early times as a criminal offence, the typical actus reus of which would have consisted exclusively in participation in such a fight; times have changed to such an extent that nowadays such an offence exists neither under English nor under Maltese law, but modern regulation will be analysed later on. In the early codes of law enacted by the Knights of St. John, rissa as an offence does not appear immediately although much attention is given to duels. Reference is made in particular to the Pragmaticce Rhodice of 1509, enacted in Rhodes, the Statuta et Ordinationes of Grandmaster de L'Isle Adam, enacted on the 3rd of September, 1533, the Pandectce et Ordinationes of D'Omedes, dated 1553, the so-called Cadice di Verda/a of 1593, and the Prammatiche Magistrali enacted by Lascaris in 1640, together with the 1666 additions of Cottoner. Incidentally, under Italian law, duel could possibly be considered as rissa, if one were to agree with Carrara' and Manzini, who are of the opinion that a fight between two individuals is enough to constitute a breach of Section 588 of the Italian Penal Code, but the concepts and considerations involved are of little relevance to the concept of rissa.