An analysis of the concept of "duty in care" in Maltese criminal law in relation to the crimes of wilful homicide and involuntary homicide

Abstract

The aim of the thesis is to analyze the concept of duty of care in Maltese Criminal Law in relation to the crimes of wilful and involuntary homicide. Primarily it sets forth by introducing the concept of duty of care. The origins of this concept in Criminal Law and the principles pertinent to such a concept are discussed. The second chapter goes on to give a comprehensive approach to the concept of duty of care in Maltese Criminal Law. Some of the various laws giving rise to such a concept are mentioned. The cumulative conditions that need to be present for a person to be held criminally responsible for a breach of duty of care are analyzed. These are followed by an analysis of the main problems involved in applying the duty of care principle in Maltese Criminal Law. The third chapter focuses on the concept of duty of care in relation to the crime of involuntary homicide. The constitutive elements of this provision leading to the duty of care as well as the theories of foreseeability are profoundly analyzed. The fourth chapter focuses on the concept of duty of care in relation to wilful homicide. The constitutive elements of this crime in the light of the duty of care principle are discussed. The main judgments relating to the duty of care in wilful homicide are analyzed. The thesis concludes by suggesting amendments to and introduction of legal provisions in the Maltese Criminal Code in the light of the evolving concept of duty of care.