The offences of calumnious accusations, fabrication of false evidence and simulation of offences in Maltese law

Abstract

The aim of this dissertation is to define the offences of Calumnious Accusations, Fabrication of False Evidence and Simulation of offences and of how these offences are regulated in Maltese Law. Furthermore, a comparison between the offences will be given and case-law will be used to strengthen the points mentioned. This dissertation would help people understand better these three similar, yet very distinct crimes which are classified as crimes against the administration of justice and other public administrations. These three offences are found in the Criminal Code. The offence of Calumnious Accusations is found in article 101(1), the offence of Fabrication of False Evidence is found in article 110(1) and Simulation of Offences is found in article 110(2). Firstly, there will be an introduction part whereby an introduction will be given in relation to crimes, additionally the aim of this dissertation would be stated, alongside with the method and the sources used. Chapter 1 shall consist of a definition of the offence of Calumnious Accusations, its constituent elements and the use of case-law to show the courts perception on the offence. The Second Chapter will then define the offence of Fabrication of False Evidence alongside with how the court tackles this offence and some similarities and distinguishing features between the offence of Fabrication of False Evidence and that of Calumnious Accusations. The third Chapter will then define the Offence of Simulation of Offences and speak about how it is regulated in the Maltese Law and also the distinguishing features between such an offence and that of Calumnious Accusations and fabrication of false evidence will be given alongside the necessary jurisprudence. The fourth and last chapter which will be titled ‘concluding remarks’, will serve as a conclusion and recapitulation of how the law is regulating these three offences at hand.