Lectures on Law PDF

**03/10/2024** **My Notes:** UBI SOCIETAS IBI IUS: "Wherever there is society, there is law. "A maxim meaning that law may be found in all forms of stable political organization arising from social collaboration. The Nuremberg Trial and its Legacy\ \ The first international war crimes tribunal in...

**03/10/2024** **My Notes:** UBI SOCIETAS IBI IUS: "Wherever there is society, there is law. "A maxim meaning that law may be found in all forms of stable political organization arising from social collaboration. The Nuremberg Trial and its Legacy\ \ The first international war crimes tribunal in history revealed the true extent of German atrocities and held some of the most prominent Nazis accountable for their crimes. Jurisprudence provides theoretical foundation on the principles of law. It provides clear conception about the legal philosophy and enables us to discover legal fallacies. It teaches the lawyers, law students, Judges, Jurists and legislators to think legally and make them efficient in their activities. Ganado identifies the 4 tenets : Jus, Jurisprundentia, justitia & Aequitas In simpler terms, Professor J.M. Ganado is saying that many theories about law only focus on certain parts of the problem, rather than giving a complete explanation. He highlights the importance of understanding the law as a whole, and this involves four main concepts: 1. **Jus** -- This refers to the basic concept of \"law\" or \"rights\" that govern society. It\'s about the rules and principles that guide our actions and relationships with others. 2. **Jurisprudentia** -- This is the study or knowledge of law. It involves understanding how laws are made, interpreted, and applied by judges and legal experts. 3. **Justitia** -- This means \"justice\" and is concerned with fairness. It\'s about ensuring that people are treated equally under the law, and that decisions made by the legal system are morally right and fair. 4. **Aequitas** -- This concept refers to \"equity\" or fairness in the law. It emphasizes making legal decisions that are not just about following strict rules, but also considering fairness in particular situations. Ganado's point is that law isn't just about following rules or decisions; it\'s about balancing these elements---rights, knowledge, fairness, and equity---to ensure the law serves justice in a complete way. Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. Lex comes from legare: to bind Natural law is the idea that there are certain principles or laws that are universal, meaning they apply to everyone, everywhere, and at all times. These laws are not written down, but are thought to come from human reason, or our natural ability to think and understand right from wrong. Philosopher John Finnis explains that the principles of natural law help us understand why positive laws (the laws created by governments) have power over us. Even if a specific law doesn't directly follow natural law principles, it can still be valid and enforceable. However, an unjust law---one that goes against natural law---may still be considered legally valid (i.e., it can still be enforced by the government), but it lacks true moral authority. This means the law doesn\'t fully reflect what law should be about, which is upholding justice and the common good. So, while the government may have the power to enforce an unjust law, it doesn\'t have a legitimate moral basis for doing so. **PPT of Lecturer** 1\. \*\*What is Law?\*\* \- Law is described in both \*\*objective\*\* (natural law) and \*\*subjective\*\* (positive law) senses. \- It includes \*\*formal definitions\*\*, \*\*sociological definitions\*\*, and \*\*individualistic (Kantian) definitions\*\*. \- A comprehensive definition by Professor Keeton: Law encompasses rules that govern social interactions based on prevailing justice, enforced by society to maintain social order and achieve other objectives. (A complete and thorough definition by Professor Keeton: Law includes rules that govern social  interactions based on winning (or most common) justice, enforced by (community of people/all good people in the world) to maintain social order and (accomplish or gain with effort) other goals.) 2\. \*\*Law in Society\*\* \- \*\*UBI SOCIETAS UBI IUS\*\*: The presence of law is ubiquitous wherever there is society. (The presence of law is (existing everywhere) wherever there is (community of people/all good people in the world). \- It affects various aspects of society, including social, political, religious, moral, and economic areas. \- The \*\*Constitution\*\* is recognized as the supreme law. 3\. \*\*Why is Law Necessary?\*\* \- Law establishes \*\*uniformity of conduct\*\* and ensures that behavior aligns with ethical standards, as argued by Professor Neeton. \- Law helps manage conflicts between individuals\' wills within society, protecting individual freedoms enshrined in the Constitution. \- Law is necessary for society\'s order and function, influenced by \*\*Aristotelian ideals\*\*. 4\. \*\*The Purpose and Utility of Law\*\* \- Law ensures the \*\*coexistence\*\* of rights, balancing conflicting rights to allow peaceful cohabitation, as discussed by Professor D. Attard. \- The \*\*etymology\*\* of the word \"law\" suggests that laws are meant to bind society together while respecting human rights and natural justice. \- There are limits to state law-making; the state cannot create laws that contravene \*\*natural justice\*\* or \*\*fundamental human rights\*\*. 5\. \*\*Natural Law vs. Positivism\*\* \- \*\*Natural law\*\* is an unwritten, universal set of laws based on human reason. \- \*\*John Finnis\*\* argued that natural law principles underpin the force of positive laws, although not all positive laws are derived from natural law principles. \- The presentation notes that unjust laws, though legally valid, do not align with the true nature of law. This lecture outlines foundational concepts of law, emphasizing its societal role, the necessity of law for social order, and the balance between natural and positive laws. **ChatGPT** Here's a simpler version of the key points about law from the presentation: \#\#\# What is Law? \- Law can be seen in two ways: \- \*\*Natural law\*\*: Based on universal principles of right and wrong. \- \*\*Positive law\*\*: Laws created and enforced by governments. \- There are different ways to define law: \- \*\*Formal\*\*: Official definitions. \- \*\*Sociological\*\*: How law affects society. \- \*\*Individualistic\*\*: Focuses on individual rights (like in Kant's philosophy). \- \*\*Professor Keeton\*\* defines law as rules that guide behavior to keep society orderly and just. \#\#\# Law in Society \- \*\*UBI SOCIETAS UBI IUS\*\*: Wherever there is society, there are laws. \- Law touches every part of life---social, political, religious, moral, and economic. \- The \*\*Constitution\*\* is the highest law in the land. \#\#\# Why is Law Necessary? \- Law ensures that everyone behaves in a consistent and ethical way, as \*\*Professor Neeton\*\* explains. \- Laws help manage conflicts between people and protect freedoms guaranteed by the \*\*Constitution\*\*. \- Law is essential to keep society organized, inspired by the ideas of \*\*Aristotle\*\*. \#\#\# The Purpose and Utility of Law \- Law helps balance conflicting rights so that people can live together peacefully, as noted by \*\*Professor D. Attard\*\*. \- The word \"law\" comes from a term meaning \"to bind,\" suggesting that laws hold society together. \- However, the state cannot create laws that go against \*\*natural justice\*\* or \*\*basic human rights\*\*. \#\#\# Natural Law vs. Positivism \- \*\*Natural law\*\*: Unwritten laws based on human reason, believed to be universal. \- \*\*John Finnis\*\* argues that natural law explains why people obey positive (man-made) laws, though not all positive laws come from natural law. \- Even if a law is legal, if it's unjust, it doesn't reflect the true nature of what law should be. This version simplifies the concepts while keeping the core ideas intact. **11/10/2024** **My Notes** Custom in law refers to rules or practices that have developed over time based on what people commonly do or agree upon in a particular society or community. These rules are not officially written by lawmakers or created by judges, but they are followed because they have been consistently practiced and accepted by the people. In other words, custom becomes a source of law because it\'s a tradition that people regard as legally binding, even though it hasn\'t been formally written down or made into law by authorities. Custom is considered a key addition to written laws, meaning it helps fill in gaps where laws might not be clearly defined. To prove that a custom is a rule of law, you need evidence. This evidence can come from **legal opinion**, which refers to the views or statements from legal experts, or from **opinion necessitatis**, meaning it\'s recognized because it's needed by society for practical reasons---people follow it because it makes sense and helps maintain order. In Roman law, one of the requirements for something to be considered custom was that it had to be observed for a long time. However, this rule can be read strictly. What makes custom binding (meaning that people must follow it) is not just the length of time it\'s been followed (**long observance**), but also **opinion necessitatis**, which means it's accepted because it\'s necessary for society to function smoothly. **International Law** includes **ius cogens,** which refers to basic principles that cannot be violated by any country (such as prohibiting torture). In Maltese law, custom can play an important role, but it needs to be consistent and widely accepted. **Deseutude** refers to the idea that if a custom is no longer observed, it can lose its power. The question is whether custom can completely replace or cancel out written law. In most cases, written laws take precedence, but custom might still influence how laws are applied or interpreted. So, while custom can\'t usually erase written laws, it can affect how those laws are understood or enforced. The main source of Maltese law is **legislation** (laws that are officially written and passed). - **Primary legislation** refers to the main laws, like codes (big legal documents) and statutes (specific laws passed by the government). - **Subsidiary or delegated legislation** is law made under the authority of primary legislation. This means that secondary laws can be created by other bodies (like government departments) based on the rules of the main law. **Written Maltese law comes from different areas: its sources** - **Criminal law**: Laws that deal with crimes and punishments. - **Public law**: Laws that govern the relationship between the government and people (like constitutional and administrative law). - **Private law**: Laws that deal with disputes between individuals (like family law or contract law). - **Substantive law**: Laws that define rights and duties (like what counts as a crime or a contract). - **Procedural law**: Laws that explain how legal cases should be handled in court (like how trials are run). - **Municipal law**: Laws made by local authorities that apply to a specific area or city. - **Public international law**: Laws that govern relationships between countries (like treaties and international agreements). **Legislative Instruments** - The Maltese Parliament is the highest authority and has the power to make laws. - However, there is one important limit: any law created cannot go against the Constitution, which is the highest set of rules in the country. - Laws are meant to establish new rules that everyone must follow and provide guidance on how people should behave in the future. 1. **Primary Legislation**: These are the main laws, like acts or statutes, passed directly by Parliament. 2. **Subsidiary (or delegated) Legislation**: These are laws made by other authorities under the power granted by primary laws. They include: - **Legal Notice**: Official notices that create or change laws in specific areas. - **Bye-Laws**: Local rules made by authorities like councils or local governments to manage specific issues. **Primary Legislation** The typical structure of an Act (a law passed by Parliament) can be broken down as follows: 1. Long title: A detailed description of what the Act is about. 2. Enacting formula: The formal statement saying the law is being officially made. 3. Short title: A brief name for the Act. 4. Commencement date: The date when the law starts to apply, if specified. 5. Interpretation Clause: Definitions of important terms used in the law. 6. Main provisions: The key rules and guidelines the law sets out. 7. Administrative provisions: Rules on how the law will be managed or enforced. 8. Transitional provisions: These help move from old laws to new ones, explaining how things change (like Chapter 621 as an example). 9. Repealing provisions: Statements that cancel or replace previous laws. 10. Schedule/s: Additional information or detailed rules attached to the Act. **The Law-Making Process** These are the main steps in the process of passing a law in Parliament: 1. **First Reading**: The law is introduced to Parliament, and its title is read out. There's no debate at this stage. 2. **Second Reading**: Members of Parliament discuss the main ideas and principles of the law. 3. **Committee Stage**: A smaller group of MPs looks closely at the law, suggesting changes or improvements. 4. **Report Stage**: The committee reports back to Parliament with the suggested changes, and MPs discuss them. 5. **Third Reading**: MPs vote on the final version of the law. If it passes, it moves forward to becoming official. **Delegated or Subsidiary Legislation** When we say that Parliament is **legislatively supreme**, we mean that it has the power to allow other people or groups to make laws in certain areas. These laws are called **subsidiary legislation**, and they have the same legal force as main laws. The term \'**delegated**\' means that Parliament gives its lawmaking power to another body to create rules or orders. The term \'**subsidiary**\' means that these laws are secondary to the main law (the **primary** or \'**parent**\' act) that gave the authority to create them. **The function of the Constitution *Lawmaking process*** The Constitution clearly defines what **Parliament** is in Malta. For a law to be valid, it must be approved by both the **House of Representatives** (Parliament) and the **President of Malta**. Together, these two institutions make up Parliament and work together to exercise the country\'s power to make laws. The Constitution says that **Parliament** can make laws to ensure **peace, order, and good government** in Malta. Article 72(1) of the Constitution says that Parliament can make laws through **bills** that are approved by the **House of Representatives** and signed by the **President**. The Constitution is the highest law in the country (Article 6), and Article 72(3) explains that a bill will not become a law unless: 1. It has gone through all the proper steps in Parliament. 2. The President must sign it quickly, but the bill must follow the rules of the Constitution. **Main Chapters** Here's a simpler version of the chapters: - **Chapter 1 -- The Republic of Malta**: This chapter talks about Malta being a republic. - **Chapter 2 -- Declaration of Principles**: This chapter sets out the key values and principles that guide the country. - **Chapter 3 -- Citizenship**: This chapter explains who is considered a citizen of Malta. - **Chapter 4** **-- Fundamental Rights and Freedoms of the Individual:** This chapter outlines the basic rights and freedoms that every person in Malta is entitled to. **Main Branches of the State** Here's a simpler version: - **The Legislative -- Chapter VI**: This branch makes the laws. - **The Executive -- Chapter VII**: This branch carries out and enforces the laws. - **The Judiciary -- Chapter VIII**: This branch interprets the laws and makes sure they are applied fairly. These three branches work together smoothly, but they also keep an eye on each other to make sure no branch has too much power. Each one acts independently from the others. ***Separation of Powers*** The Republic of Malta is built on its Constitution, which supports a democratic system with a clear separation of powers. The idea of separating powers was first clearly explained by Montesquieu in his 1748 book Spirit of the Laws. He said that government should have three branches: the legislative (makes laws), the executive (enforces laws), and the judiciary (decides on laws). This system helps prevent too much power being held by one group and ensures that each branch checks the others to maintain balance and avoid dictatorship or mistakes. In some countries, however, the branches, especially the legislative and executive, are closely connected. For example, Cabinet Ministers (who run the government) must be chosen from elected members of Parliament. **The Republic** The Republic of Malta is based on its Constitution, which supports a democratic system with a clear separation of powers. The Constitution\'s main jobs are to: 1. Organize the different parts of the government (the State). 2. Protect the basic rights of the people. 3. Ensure that the three branches of government---the executive, judiciary, and legislative---are separate and can balance each other\'s power. In Malta, the government is divided into three parts: 1. **Legislative**: This includes the **President of the Republic** (who is the Head of State) and the **House of Representatives**, made up of members elected by the people every five years through general elections. 2. **Executive**: This is the **Governmen**t, led by the **Prime Minister**, who is usually the leader of the political party that wins the most votes in a general election. The Prime Minister appoints other ministers to help run the government. The Government is also elected every five years through general elections. 3. **Judicial**: The **judiciary** includes **Judges** and **Magistrates**, who are responsible for administering justice and upholding the laws. Malta's courts are divided into **civil** and **criminal courts**. Each has a lower court led by a **Magistrate** and a higher court led by a **Judge**. The courts are located in **Valletta** and **Gozo**. **Superior Courts** Article 32 of the **Code of Organisation** and **Civil Procedure** says that one **Judge** will sit in each section of the **Civil Court**. The main sections of the Civil Court are: 1. **The Civil Court, First Hall**: Handles general civil cases. 2. **The Court of Voluntary Jurisdiction**: Deals with matters like wills, guardianship, and other voluntary legal actions. 3. **The Constitutional Court**: Handles cases related to the Constitution. 4. **The Court of Appeal**: Reviews decisions made by lower courts to see if they were correct. **Inferior Courts** The **Inferior Courts** are led by a **Magistrate** and handle both civil and criminal cases. The main Inferior Courts are: 1. **The Court of Magistrates (Malta):** Handles cases in Malta. 2. **The Court of Magistrates (Gozo):** Handles cases in Gozo. 3. **The Court of Magistrates as a Court of Criminal Inquiry / Criminal Judicature**: Focuses on criminal investigations and trials. **PPT of Lecturer** Here's a simplified breakdown of \*\*Lecture Two\*\* for \"Introduction to Law for Criminological Studies\": \#\#\# 1. \*\*Where Laws Come From\*\* \- \*\*Customary Law\*\*: These are unwritten rules that come from long-standing customs or traditions. People follow these rules even though they aren't written down by lawmakers or judges. They help fill in gaps where there are no written laws. \- \*\*Written Law\*\*: This is the main source of law in Malta. It includes laws created by Parliament, like codes and statutes, as well as smaller rules that are created under those laws (called \*\*subsidiary laws\*\*). \#\#\# 2. \*\*How Laws are Made in Malta\*\* \- \*\*Law-Making Process\*\*: Laws go through several steps before they are official. They are read and discussed by Parliament, then passed through different stages before being approved by the President. \- \*\*Delegating Law-Making\*\*: Sometimes, Parliament lets other people or bodies (like government agencies) create specific rules under bigger laws. For example, rules about money laundering come from the \*\*Prevention of Money Laundering Act\*\*. \#\#\# 3. \*\*The Maltese Constitution\*\* \- The \*\*Constitution\*\* is the most important law in Malta. It defines how the country is run, including how laws are made, and protects people's rights. \- Key parts of the Constitution cover topics like the \*\*rights and freedoms\*\* of people, \*\*citizenship\*\*, and the roles of different branches of government. \#\#\# 4. \*\*Three Branches of Government\*\* \- \*\*Legislative (makes laws)\*\*: Parliament (House of Representatives + President) is responsible for creating laws. \- \*\*Executive (enforces laws)\*\*: The Government, led by the Prime Minister, puts laws into action. \- \*\*Judiciary (interprets laws)\*\*: Judges and magistrates ensure laws are followed in court. \#\#\# 5. \*\*Maltese Courts\*\* \- There are \*\*two types of courts\*\*: \- \*\*Superior Courts\*\* handle bigger cases and include the \*\*Civil Court\*\* and the \*\*Constitutional Court\*\*. \- \*\*Inferior Courts\*\* handle smaller cases, like minor criminal offenses or civil disputes. This lecture simplifies how laws work in Malta, from where they come from (customs and written laws) to how they are created and applied by different parts of the government and courts. **Sources of law** **CHATGPT** The written sources of Maltese law consist primarily of legislation that has been enacted by the Maltese Parliament. These are the key components of written Maltese law: \#\#\# 1. \*\*The Constitution of Malta\*\* \- The \*\*Constitution\*\* is the supreme law of the land and provides the fundamental legal framework. It outlines the structure of the government, the separation of powers, and fundamental human rights and freedoms. Any law that contradicts the Constitution can be declared null and void. \#\#\# 2. \*\*Primary Legislation (Acts of Parliament)\*\* \- \*\*Acts of Parliament\*\* are laws passed by the Maltese Parliament. These are the principal laws governing various aspects of life in Malta, such as civil, criminal, commercial, and administrative matters. Some of the key Acts include: \- \*\*Criminal Code\*\* (Chapter 9) \- \*\*Civil Code\*\* (Chapter 16) \- \*\*Commercial Code\*\* (Chapter 13) \- \*\*Marriage Act\*\* (Chapter 255) \- \*\*Employment and Industrial Relations Act\*\* (Chapter 452) \- \*\*Environment Protection Act\*\* (Chapter 549) \- \*\*Companies Act\*\* (Chapter 386) \#\#\# 3. \*\*Subsidiary Legislation\*\* \- \*\*Subsidiary (or delegated) legislation\*\* refers to laws or regulations made under the authority of an Act of Parliament. These include detailed regulations, orders, rules, and bye-laws that help implement the provisions of the primary legislation. Subsidiary legislation often deals with more specific or technical aspects of the law. \- For example, the \*\*Public Health Act\*\* allows for various regulations concerning public health and safety, and the \*\*Environmental Protection Act\*\* has regulations dealing with environmental issues. Here's a simpler version of the key written sources of Maltese law: \#\#\# 1. \*\*The Constitution of Malta\*\* \- The \*\*Constitution\*\* is the highest law in Malta. It sets the rules for how the government works, and protects basic human rights and freedoms. If any law goes against the Constitution, it is invalid. \#\#\# 2. \*\*Primary Laws (Acts of Parliament)\*\* \- These are the main laws made by the \*\*Maltese Parliament\*\*. They cover many areas of life, including: \- \*\*Criminal Code\*\*: Rules about crimes and punishments. \- \*\*Civil Code\*\*: Rules about family, property, and obligations. \- \*\*Commercial Code\*\*: Rules about businesses. \- \*\*Marriage Act\*\*: Laws about marriage. \- \*\*Employment Act\*\*: Rights and duties of workers and employers. \- \*\*Environment Act\*\*: Laws to protect the environment. \- \*\*Companies Act\*\*: Rules about companies and businesses. \#\#\# 3. \*\*Subsidiary Legislation\*\* \- These are smaller, more detailed laws that come from bigger laws. They include regulations, rules, and orders that help explain or enforce the main laws. \- For example, \*\*Public Health Act\*\* laws deal with health safety, and \*\*environmental laws\*\* deal with protecting nature. \#\#\# 4. \*\*EU Law\*\* \- Malta is part of the \*\*European Union\*\*. EU laws and rules apply in Malta, either directly or through local laws that follow EU standards. \#\#\# 5. \*\*International Treaties and Agreements\*\* \- Malta signs international treaties, like agreements about \*\*human rights\*\* or \*\*trade\*\*. Once the Maltese Parliament agrees, these treaties become part of Maltese law. \#\#\# 6. \*\*Court Decisions (Judicial Precedents)\*\* \- Even though Malta mainly follows written laws, decisions made by the higher courts, like the \*\*Constitutional Court\*\* or the \*\*Court of Appeal\*\*, help explain and interpret the laws. \#\#\# 7. \*\*Legal Codes\*\* \- Maltese laws are grouped into \*\*codes\*\*. The two most important are: \- The \*\*Civil Code\*\* (covering things like family law and property). \- The \*\*Criminal Code\*\* (covering crimes and punishments). These are the main written laws that guide Malta\'s legal system and how the country is governed. \#\#\# 4. \*\*EU Law\*\* \- As a member of the European Union since 2004, \*\*EU regulations and directives\*\* have direct or indirect effect in Malta. EU regulations are directly applicable, while directives require transposition into national law by enacting local legislation. \#\#\# 5. \*\*International Treaties and Conventions\*\* \- Malta is a signatory to numerous \*\*international treaties and conventions\*\*. Once these treaties are ratified by the Maltese Parliament and incorporated into domestic law, they become binding in the country. These international laws cover areas like human rights, maritime law, and trade. \#\#\# 6. \*\*Judicial Precedents (Case Law)\*\* \- Although Malta follows a \*\*civil law\*\* system, the decisions of higher courts, especially the \*\*Constitutional Court\*\* and \*\*Court of Appeal\*\*, are important for interpreting written laws. These judgments provide legal interpretations that guide the application of the law. \#\#\# 7. \*\*Legal Codes\*\* \- Maltese law is heavily codified, meaning that various legal topics are organized into comprehensive \*\*codes\*\*. The two most prominent are: \- \*\*The Civil Code\*\* (dealing with family law, property law, obligations, etc.) \- \*\*The Criminal Code\*\* (covering criminal offenses, procedures, and penalties) These are the primary written sources of Maltese law, which collectively form the legal framework governing the country. **24/10/2024** **My Notes** International Law - **Public international law** deals with the rules and agreements between countries. It covers things like treaties, human rights, and the responsibilities of governments toward each other. It\'s about how countries interact on a global scale. - **Private international law** deals with legal issues that cross borders but involve **individuals** or **businesses**. For example, if someone from one country has a legal dispute with someone in another country (like a contract issue or a family matter), private international law helps decide which country\'s laws should apply and how the case should be handled. **Implications of international memberships** Malta enters into international agreements called **treaties**. Treaties can be: - **Bilateral**: Between two countries. - **Multilateral**: Involving more than two countries. A treaty cannot be one-sided (**unilateral**). Once a treaty is agreed upon, it is binding on Malta internationally. However, **Maltese** courts cannot enforce the treaty until it is made part of Maltese law by Parliament. **Defining Treaties** A **treaty** is an official agreement between **countries** that is written down and follows international law. It can be one document or multiple related documents. The name of the treaty doesn't matter as long as it is an agreement between states. This definition is the same in both the **Vienna Convention on the Law of Treaties (1969)** and the **Ratification of Treaties Act (Chapter 304)** in Malta. **Examples of influences** The **Arbitration Act (Chapter 387)** of Malta includes two important international agreements that govern **international arbitration** (resolving disputes outside of court): 1. **The Convention on the Recognition and Enforcement of Foreign Arbitral Awards**: This agreement helps countries recognize and enforce arbitration decisions made in other countries. 2. **The Convention on the Settlement of Investment Disputes between States and Nationals of other States**: This agreement helps resolve disputes between countries and foreign investors. Both of these agreements are included as **Schedules** in the Arbitration Act, meaning they are part of the law in Malta. **Criminalisation and extraditable nature of offences** Under **Article 22(1E)** of **Malta\'s Dangerous Drugs Ordinance**, it is a crime to **make, transport, or distribute equipment or materials** if you know they will be used for illegal drug activities. This rule follows an international agreement, the **1988 Drugs Convention** (Article 3), which requires countries to make these actions crimes under their own laws. In Malta, the Convention's rules became part of Maltese law through **Subsidiary Legislation 276.02**. This law: 1. Makes the offenses listed in the Convention criminal offenses in Malta. 2. Makes these offenses **extraditable**, meaning someone can be sent to another country to face charges for these crimes. In simple terms, Malta followed its international obligations by updating its laws to include and enforce the rules from the 1988 Drugs Convention. **The European Convention** The **European Convention on Human Rights** is based on the **Universal Declaration of Human Rights**, adopted by the United Nations in 1948. The Convention: 1. Protects **human rights and fundamental freedoms**. 2. Created the **European Court of Human Rights**, which handles cases about how the Convention and its rules are applied. If someone believes their rights under the Convention have been violated by a country that follows the Convention, they can take their case to this Court. This is explained in **Article 34** of the Convention. Yes, the **European Convention on Human Rights** is binding on Maltese law. The **European Convention Act** (Chapter 319 of Maltese law) makes the rules of the Convention part of Maltese law. This means: 1. **The Convention\'s rules can be enforced by Maltese courts**. 2. If a Maltese law goes against the human rights protected by the Convention, that part of the law is considered **invalid**, unless it aligns with the Constitution. However, there's a balance between EU law and the **Maltese Constitution**: - EU law has a strong influence on Malta's legal system, even before Malta joined the EU. - But the Maltese Constitution remains the highest law in Malta, and no other law (including EU law) can override it. **The three stages** Here's a simple explanation of signing, ratification, and accession in the context of treaties: 1. Signing:\ When a country's representative signs a treaty, it shows the country's intention to follow the treaty. However, signing alone does not make the treaty legally binding for that country. It's like saying, \"We agree in principle.\" 2. Ratification:\ After signing, a country needs to formally approve the treaty through its internal process (e.g., a vote in parliament). This step confirms the country's commitment and makes the treaty legally binding for that country. It's like saying, \"We officially agree to follow the treaty.\" 3. Accession:\ Accession happens when a country did not sign the treaty originally but decides later to join and become legally bound by it. It's a way for countries to adopt the treaty even if they weren't part of the initial negotiations. In short: - Signing = Showing intent to agree. - Ratification = Officially agreeing to follow the treaty. - Accession = Joining a treaty later. **Signing of a treaty** When a country signs a treaty but it still needs to be **ratified, accepted, or approved**, the signature does not mean the country is legally bound to follow the treaty yet. Instead, the signature serves as: 1. **Authentication**: It confirms the treaty text is final and agreed upon. 2. **Commitment to proceed**: It shows the country is willing to continue with the process to make the treaty binding (e.g., through ratification). However, by signing, the country agrees **not to do anything that would go against the treaty\'s purpose** until it decides whether or not to fully commit to it. This principle is explained in **Articles 10 and 18** of the **1969 Vienna Convention on the Law of Treaties**. **Ratification of a treaty** **Ratification** is the process where a country formally agrees to be legally bound by a treaty. It happens when the treaty requires this step to confirm the country's consent. Ratification allows the country to: 1. **Get domestic approval**: This gives time for the government or parliament to approve the treaty. 2. **Prepare domestic laws**: The country can pass any laws needed to make the treaty work within its own legal system. This process is explained in **Articles 2(1)(b), 14(1), and 16** of the **1969 Vienna Convention on the Law of Treaties**. **Accession** **Accession** is when a country agrees to join a treaty that other countries have already negotiated and signed. It allows the country to become part of the treaty **after it has already come into effect**, even if the country was not involved in creating or signing the treaty initially. This process is covered in **Articles 2(1)(b) and 15** of the **1969 Vienna Convention on the Law of Treaties**. **The relationship between Maltese law and EU law** **1. EU Legal Order -- Acquis Communautaire -- European Union Act** The **EU legal order**, called the **acquis communautaire**, is the set of laws, rights, and obligations that all EU countries must follow. In Malta, the **European Union Act** makes sure that EU law is part of Maltese law. **2. Supremacy and Direct Effect in Maltese Law** - **Supremacy**: EU law is stronger than Maltese law. If there's a conflict, EU law takes priority. - **Direct Effect**: Some EU laws can automatically be used in Maltese courts without needing to be turned into local laws. **3. EU Law in Maltese Legal Practice** There are two main types of EU laws that affect Malta: - **Regulations**: These are directly applicable in Malta without changes. They automatically become part of Maltese law. - **Directives**: These give Malta goals to achieve but let Malta decide how to make them part of its local laws. In simple terms, **regulations apply immediately**, while **directives require Malta to create its own laws to meet EU standards.** **Lecturer's Notes** Here's a simplified breakdown of the presentation on international law for criminology students: 1\. \*\*What is International Law?\*\* \- International law sets rules for how countries and international organizations should interact. It also impacts individuals when countries agree on certain rules together. \- There's a concept called \*Conflict of Laws\*, which helps decide which country's laws apply in cases involving more than one country. 2\. \*\*Malta's International Connections\*\*: \- Malta is connected to many international groups like the United Nations (UN), European Union (EU), Council of Europe, and the British Commonwealth. \- These memberships mean that Malta agrees to follow certain international rules, often through \*treaties\* (formal agreements between countries). 3\. \*\*What Are Treaties?\*\* \- Treaties are formal written agreements between countries. According to international law, a treaty must be written and signed by all involved countries. \- Malta follows a \*dualist\* approach. This means that even if Malta signs a treaty, it isn't directly part of Maltese law. The Maltese Parliament needs to pass a law to make it officially binding in Malta. 4\. \*\*Examples of International Influence on Maltese Law\*\*: \- Some Maltese laws include international rules. For example, the \*Arbitration Act\* in Malta incorporates global rules about settling disputes outside of court. 5\. \*\*Rules about Jurisdiction and Criminal Law\*\*: \- International law also affects how Malta handles issues in international waters and fights illegal activities like drug trafficking. Maltese laws are adapted to meet these international standards. 6\. \*\*European Human Rights System\*\*: \- Malta follows the \*European Convention on Human Rights\*, which outlines human rights protections. People can go to the European Court of Human Rights if they feel their rights are violated by Malta or other countries in the Council of Europe. \- Malta made the rules from this convention a part of its own laws, so these rights are protected in Maltese courts. 7\. \*\*How Malta Adopts Treaties\*\*: \- There are three steps to officially accepting a treaty: \- \*\*Signing\*\*: Malta shows it's interested but isn't yet bound by the treaty. \- \*\*Ratification\*\*: Malta officially agrees to follow the treaty. \- \*\*Accession\*\*: Malta can join a treaty that's already active among other countries. 8\. \*\*EU Law vs. Maltese Law\*\*: \- EU laws play a big role in Maltese law. Malta has to follow many EU rules, which sometimes take priority over Maltese laws. \- The EU has a legal system that requires Malta to follow both \*regulations\* (directly binding laws) and \*directives\* (rules that Malta must adapt into its own laws). Overall, the presentation shows how Malta\'s laws are influenced by international and European agreements and how it carefully decides which of these rules to adopt into its own legal system. **My Notes:** **Treaties:** ***International legal influence:*** - The Arbitration Act, Chapter 387 This law aims to promote and make it easier for people and businesses in Malta to resolve disputes through arbitration instead of going to court. It creates the Malta Arbitration Centre as a hub for both local and international arbitration. The law also sets out rules for how arbitration proceedings should be carried out and ensures that certain arbitration decisions (called \"arbitral awards\") can be recognized and enforced, just like a court judgment. **31/10/2024** **My Notes:** Criminal law deals with actions or failures to act that harm society or disrupt public order. These laws outline punishments like jail time or fines for breaking them. Typically, the authorities, like the police or the Attorney General, are responsible for prosecuting criminal cases. However, in rare situations, a private citizen can take action to start criminal proceedings. This usually happens when the person has a direct and serious interest in the case or if there's a specific legal provision allowing them to act through the police. The key difference between criminal law and civil law is who enforces them and for what purpose. Criminal law is enforced by the government on behalf of society, aiming to protect the public. Civil law, on the other hand, involves private disputes between individuals, where one person seeks compensation or a solution to a personal issue, and the government is not directly involved. **Distinction between civil and criminal wrongs** You\'re right that some acts can be both criminal offenses and civil wrongs. This means that an act might lead to both a criminal case and a civil case, and both types of proceedings can happen at the same time. The objectives of civil and criminal proceedings are different: 1. **Civil Proceedings**: In a civil case, the goal is to resolve disputes between individuals. For example, if someone harms another person or breaks a contract, the person who has been harmed (the plaintiff) may go to court to claim a right, like asking for money (compensation) or another type of remedy. The objective is to enforce the plaintiff\'s rights and fix the harm done. 2. **Criminal Proceedings**: In a criminal case, the government (represented by a prosecutor) brings the case against a person accused of breaking the law. The objective is to punish the person if they are found guilty. The punishment could be jail time, fines, or other penalties. This is done on behalf of society, to maintain public order and uphold the law. So, in simple terms, civil cases are about one person seeking justice or compensation from another, while criminal cases are about punishing someone who has violated the law to protect society. The main difference between criminal and civil wrongs is that criminal wrongs usually cannot be \"fixed\" in the same way as civil wrongs. For civil wrongs, the law usually provides a way to \"remedy\" the situation, meaning the person who was harmed can get compensation or some other solution. For example, if someone damages your property, you can go to court to ask for money to repair it. However, criminal wrongs don\'t always have the same kind of \"fix\" or compensation. When someone breaks the law, like committing a theft or assault, the main focus is on punishing the wrongdoer, not on fixing the harm caused to the victim. This is why criminal offenses don't typically have a remedy like civil wrongs. That said, some criminal wrongs can still be \"remedied\" in certain ways, such as through restitution (where the wrongdoer may be required to pay the victim) or other actions that try to fix the harm done. Ultimately, Professor Mamo\'s point is that the real test of whether something is a criminal or civil wrong is the law itself. This means the way the law handles the punishment (or remedy) and how it enforces that punishment tells us whether it\'s a criminal or civil matter. So, the distinction is largely about the type of punishment and enforcement, as defined by the law. In criminal cases, the government (through the prosecution) accuses someone of committing a crime. If the defendant is found guilty, the court can punish them in various ways, such as through imprisonment or fines. Additionally, the court may take further actions like: - **Confiscating the items used in the crime** (like a weapon or stolen goods). - **Ordering the removal of nuisances** (for example, shutting down a dangerous business). - **Returning stolen property** to the rightful owner. These actions are meant to protect society and ensure justice for the harm caused by the crime. The key difference between criminal and civil wrongs is that **criminal wrongs are considered public**. This means that the crime harms the entire society or the community, not just one person. The state (government) is involved in prosecuting the case because it is seen as an offense against the public order or the well-being of the community. On the other hand, **civil wrongs are private**. These are usually personal disputes where one individual harms another, and the legal action is typically between the two private parties involved, rather than society as a whole. So, a **public wrong** refers to a crime that affects everyone in society and is prosecuted by the state, while a **private wrong** only affects specific individuals and is usually dealt with through civil legal action. **Substantive Criminal Law** and **Procedural Criminal Law** are two important parts of criminal law, and they serve different purposes: 1. **Substantive Criminal Law**: This part defines what actions are considered crimes and what punishments should be given for those crimes. It tells us **what is illegal** (e.g., theft, assault, murder) and what the consequences are if someone commits those crimes (like imprisonment or fines). In simple terms, it\'s the **\"what\"** of criminal law -- what actions are wrong and what the punishment is. Example: If someone steals something, substantive criminal law will say that theft is a crime, and the punishment might be jail time or a fine. 2. **Procedural Criminal Law**: This part focuses on the rules and steps that must be followed to ensure a fair trial and justice for all. It outlines the **process** for prosecuting crimes and handling legal cases. It tells us **how** a criminal case should be handled in court -- how police investigate, how evidence is collected, how the trial is conducted, and how the defendant's rights are protected. Example: Procedural criminal law will guide how the police should arrest someone, how they should inform the person of their rights (like the right to remain silent), and how the case should proceed in court to make sure everything is fair. In short: - **Substantive Criminal Law** tells us what actions are crimes and their punishments. - **Procedural Criminal Law** explains the steps to follow to prosecute someone for a crime and ensure justice is done. **Wrongs - Blackstone** Blackstone, a famous legal scholar, divides wrongs into two categories: 1. **Private Wrongs**: These are actions that harm one individual or a specific group of people. They are also known as **civil wrongs**. For example, if someone steals from another person or breaks a contract, it harms the individual, and the person who was harmed can take the matter to court to seek compensation or a solution. 2. **Public Wrongs**: These are actions that harm society as a whole, not just one person. These are what we call **crimes** or **misdemeanours**. For example, theft, murder, or assault are crimes that affect the community, and they are prosecuted by the government on behalf of everyone. In simple terms, **private wrongs** affect individuals and are dealt with in civil court, while **public wrongs** affect the whole community and are treated as crimes, prosecuted by the state. **The function of Criminal Law** Every criminal law has two main parts: 1. **Preceptum Legis**: This is the part where the law **commands** or **prohibits** certain actions. It tells us what we can or cannot do. For example, a law might say, \"You must not kill someone,\" or \"You must not steal.\" 2. **Sanctio Legis**: This part explains the **punishment** for breaking the law. It tells us what will happen if we break the rules. For example, if someone commits murder, the law might say they will be punished with jail time or even worse consequences. So, instead of simply saying, \"Do not kill,\" criminal laws go further by explaining what exactly constitutes **murder** (what counts as killing someone unlawfully) and what the **punishment** will be for it. The law defines the crime and the consequence clearly, so everyone knows both what is illegal and what will happen if the law is broken. These two principles are key to ensuring fairness and justice in criminal law: 1. **\"Nullum crimen sine lege\"** -- This means **no act can be considered a crime unless the law has specifically declared it to be one**. In other words, you can't be punished for something just because society thinks it's wrong; the law must clearly define what acts are crimes. 2. **\"Nulla poena sine lege\"** -- This means **no punishment can be given unless the law has already stated what the punishment should be**. There are two important points here: A. The **type of punishment** that a court imposes must be one that the law allows. For example, if the law allows a fine for a particular crime, the court can\'t decide to imprison someone instead unless the law specifically allows imprisonment. B. The **punishment cannot be harsher or different** from what the law says. For example, if the law says a crime carries a 5-year sentence, the court can't sentence someone to 10 years for the same crime, even if the judge feels it's deserved. The punishment must match what the law has prescribed. In simple terms, **the law defines both what is a crime and what the punishment should be**, and the court must follow these rules exactly. You can't be punished for something that's not listed as a crime, and the punishment can't be more severe than what the law allows. **Definition of a Criminal Offence** The phrase **"A legal wrong which exposes the doer to a punishment to be inflicted upon criminal proceedings"** means that a **punishable wrong** is simply an action that is against the law and results in the person being punished if caught and tried in court. In simple terms, a **punishable wrong** is something that, when someone does it, they can be arrested, put on trial, and given a punishment, like jail or a fine. The **Neapolitan Code of 1808** defines a **crime** as **an offense against criminal law**. This simply means that a **crime** is any act that breaks the criminal laws of a society. If you commit such an act, you can face legal consequences, like a trial and punishment. In short, both of these definitions explain that a **crime** is an action that is illegal, and anyone who commits such an action can be punished by law. Here\'s a simple breakdown of each point: 1. **Objectionable practices and punishment**: Some bad actions or behaviors cause harm so serious that they justify punishing the wrongdoer, even though punishment itself may cause suffering. In other words, the harm caused by the wrongdoing is so great that it makes sense to apply criminal punishment, even though it might cause some suffering to the person being punished. 2. **Defining an offence clearly**: For an act to be considered a crime, it must be **clearly defined** in the law. This means the law should describe exactly what behavior is considered illegal, so everyone knows what is and isn't allowed. 3. **Strong evidence**: To prove that someone has committed a crime, there must be **strong and convincing evidence**. This is important to make sure that innocent people aren\'t punished unfairly and that only those who truly broke the law are held responsible. 4. **Reflecting community feelings**: The law should only make something illegal if the majority of people in society think it\'s wrong. This ensures that laws are in line with the values and beliefs of the community. 5. **Criminal law as a tool for stopping wrongdoing**: Criminal law is very effective at stopping harmful behaviors or crimes. It works by setting clear rules and punishments, which helps maintain order and discourages people from committing crimes. In summary, **criminal law** helps by clearly defining wrong actions, requiring strong proof before punishing someone, reflecting society's values, and being effective at preventing and stopping harmful behaviors. W. Blake Odgers explains that **English law** sees crimes as **wrongful actions** that are serious enough that the **State** (or government) feels it must stop them to protect the **public**. The law treats these actions as harmful not just to individuals, but to **society as a whole**. In simple terms, a **crime** is something that goes against a **duty** set by the law, which is there to benefit everyone in the community. If a crime keeps happening, it can cause harm to society, so the government steps in to stop it and protect the public. This means that crimes aren\'t just personal wrongs; they\'re actions that the government sees as damaging to the entire community, and that\'s why they are punished. **Carrara's conception of crime** This definition explains that a **crime** happens when someone breaks a law created by the government to protect people\'s safety. It doesn\'t matter if the wrong was done by **doing something** (commission) or by **failing to do something** (omission). The person who commits the crime is held **morally responsible**, meaning they are accountable for their actions or inactions, as they knew what they were doing was wrong. In simple terms: A **crime** is when someone breaks a law that is meant to protect people, and they are responsible for their actions, whether they actively did something wrong or failed to do something they should have done. This means that **no one can be punished** for an action unless **the law clearly says it is illegal**. Even if an action is **morally wrong** or harmful, it can\'t be considered a crime unless the law specifically **prohibits** it. For example, just because something feels wrong to society doesn't mean it\'s a crime unless the law has made it illegal. In simple terms: You can't be punished for doing something unless the law has made that action a crime. If the law doesn't forbid it, you can\'t be charged for it, no matter how bad or wrong it seems. This means that a **crime** is not just about breaking **moral rules** or doing something wrong in a general sense. Instead, it's about **breaking the laws** that have been **created and enforced by the government** in an organized society. In simple terms: A **crime** is a violation of the **official laws** set by the government, not just something that might be considered morally wrong. These laws are part of the system that keeps society organized and functioning. \"Promulgated\" means that once a law is **officially created** and **published** (made public), everyone who is affected by it is expected to **know** about it. So, if someone breaks the law, they can't say they didn't know about it as an excuse. The law assumes that once it's made public, everyone should be aware of it. In simple terms: Once a law is made and announced, **everyone is expected to know it**, and not knowing the law is **not an excuse** for breaking it. This means that an act is considered a **crime** when it breaks a law that was made to **protect people\'s safety**. The law exists to keep people safe, and if someone does something that puts that safety at risk, it becomes a crime. In simple terms: A **crime** happens when someone does something that harms or threatens the safety of people, and the law is there to stop such actions. This means that **punishment** is only given for actions that are **seen or done** (external acts), not for what someone is thinking or feeling inside. For example, if someone has bad thoughts or desires but doesn't act on them, they can\'t be punished. **Only actions** that can affect others are considered crimes. In simple terms: **You can\'t be punished for your thoughts or feelings alone**. You can only be punished if you **do something** based on those thoughts or feelings that harms others. This means that only **humans** (people who are capable of thinking and understanding) can be held responsible for breaking the law. In the past, there were even strange cases where animals were punished, like in the Middle Ages when some animals were put on trial and punished for things like killing someone. However, today, only humans can be considered guilty of crimes. In simple terms: **Only people can break the law and be punished for it**---animals can\'t be held responsible for their actions in the same way. This means that a person can be guilty of a crime in two ways: 1. **Commission**: By doing something that the law says you shouldn\'t do (for example, stealing or assaulting someone). 2. **Omission**: By failing to do something that the law requires you to do (for example, not helping someone in danger when you are legally required to). In simple terms: You can commit a crime either by **doing** something wrong or by **not doing** something you\'re supposed to do. This means that people are held responsible for breaking the law because they have the ability to **think** and **choose** their actions. For someone to be guilty of a crime, they must have had the **mental intention** or knowledge to commit it. It\'s not just about what they did, but also about their **mindset**---whether they meant to do something wrong. In simple terms: People can be punished for breaking the law because they are capable of **thinking** and **choosing** their actions. To be guilty, a person must have had the right **mental intention** when committing the crime. 1. **No criminal offence without a violation of positive law**: A crime can't happen unless it **breaks a law** that has been created by the government. Laws are made to keep order, so if someone breaks a law, it can be considered a crime. 2. **No criminal offence unless a person is the cause**: For something to be a crime, a **person** must be the one who **did the action**. The action can't just happen by accident or be caused by something else; a person must be responsible. 3. **No criminal offence unless the person is free and intelligent**: A crime can only happen if the person who did it **had the ability to make choices** and understood their actions. They must be **aware** of what they are doing and have the **freedom** to choose to do it. 4. **Every offence must be viewed with all circumstances**: When judging a crime, you can't just look at the act itself. You must consider **all the details** around it, such as what happened before, after, or during the crime. Some details may make the crime worse (aggravate it), while others may explain why the person is less responsible (extenuate it). These details can come from the **action itself** or the **person who did it**. In simple terms: 1. A crime happens only when a law is broken. 2. A crime happens only when a person does something wrong. 3. A crime happens only when the person has the ability to understand and choose their actions. 4. When judging a crime, you have to consider everything about it, including the situation and the person's role. Here's a simplified breakdown of this presentation on \*Criminal Law\*: **The Classification of Criminal Offences** Here's a simple explanation of each classification: 1. **Offences of Commission and Offences of Omission**: - **Offences of Commission**: These are crimes where a person **does something wrong** (e.g., stealing or assaulting someone). - **Offences of Omission**: These are crimes where a person **fails to do something they are supposed to do** (e.g., not helping someone in danger when required by law). 2. **Formal and Material Offences**: - **Formal Offences**: These crimes are considered wrong simply because the **law says they are**. It doesn't matter whether harm was done (e.g., not paying taxes on time). - **Material Offences**: These crimes involve an **actual harm or damage** being caused, like theft or injury to someone. 3. **Simple and Complex Offences**: - **Simple Offences**: These are crimes that are straightforward and involve only one act (e.g., a simple theft). - **Complex Offences**: These involve multiple acts or steps to commit the crime, often requiring a series of actions (e.g., conspiracy to commit a crime). 4. **Continuous and Continuing Offences**: - **Continuous Offences**: These crimes happen **once**, but their effects continue over time (e.g., illegal logging where the effects continue even after the act). - **Continuing Offences**: These crimes happen **over a period of time**, where the person keeps committing the crime (e.g., bribery over several months). 5. **The Nature and Gravity of the Offence**: - This refers to how **serious** a crime is. Some crimes are **more severe** (e.g., murder) and others are **less severe** (e.g., minor theft). **Article 2 of the Criminal Code** classifies crimes into two categories: - **Crimes**: These are the **more serious offences**, like murder or assault. - **Contraventions**: These are **less serious offences**, like petty theft or minor traffic violations. In simple terms: - **Offences of Commission**: You do something wrong. - **Offences of Omission**: You fail to do something right. - **Formal Offences**: Crimes because the law says so. - **Material Offences**: Crimes because harm was done. - **Simple Offences**: One action. - **Complex Offences**: Multiple actions. - **Continuous Offences**: One act with ongoing effects. - **Continuing Offences**: Crime happens over time. - **Serious and Minor Crimes**: Some crimes are more serious, and some are less serious. **Theory of Criminal Liability** The phrase **\"Actus non facit reum, nisi mens sit rea\"** means that **just doing something wrong (the act)** doesn't make you guilty. For guilt to exist, there must also be a **guilty mind** or **intent** behind it. There are two ways to look at a wrong action: 1. **Material badness**: This looks at the **actual nature, circumstances, and consequences** of the act itself. In other words, it considers **what happened** and how bad it was. 2. **Formal badness**: This focuses on the **state of mind** of the person committing the act---whether they **intended** to do something wrong or whether they were aware of it being wrong. **Example:** - A **mentally ill person** who kills their keeper may be guilty of the **action (material badness)**, but not of the **guilty mind (formal badness)**, because they didn't understand what they were doing due to their condition. - Similarly, if someone **does something wrong out of ignorance** (not knowing they are breaking the law), they may have committed the act, but they didn't have the **guilty intent** (formal badness). In simple terms: For someone to be fully guilty of a crime, they need both **the bad act** (what they did) and the **wrong intent** (what they thought or intended). If someone doesn't know they're doing something wrong, or they can't control their actions, they may not be fully responsible for the crime, even if they did something harmful. **Formal Condition of Liability** The **mens rea** (guilty mind) can take two main forms: 1. **Wrongful intention (dolus)**: This means **doing something on purpose** or with **bad intent**. For example, if you plan to steal something, that\'s a **wrongful intention**. 2. **Culpable negligence (culpa)**: This happens when you **fail to be careful** or **take reasonable precautions**, and as a result, someone gets hurt or something gets damaged. It's not intentional, but it still shows carelessness. **Based on the requirement of mens rea, offences can be of three types:** 1. **Intentional or Wilful Offences**: These are crimes where the person **intended** or **planned** to commit the crime. For example, if you **intentionally** hurt someone, that's an intentional crime. 2. **Offences of Negligence**: These are less serious crimes where the person was **careless** or **negligent**. For example, if you didn't take care while driving and caused an accident, but you didn't mean to hurt anyone, that's negligence. 3. **Offences of Absolute Liability**: In these cases, **no intent or carelessness** is required. The person can still be guilty even if they didn't mean to do anything wrong, or if they were careful. For example, breaking a strict rule, like selling alcohol to a minor, may be an offence even if you didn't mean to break the law. In simple terms: - **Dolus** is when you **mean to do something wrong**. - **Culpa** is when you **do something careless** that causes harm. - Some crimes don't need you to have any **intent or carelessness** to be guilty (like strict rules). **Exemptions from Criminal Responsibility** These points explain situations where a person might not be fully responsible for a crime due to their **mental state** or **lack of control**: 1. **When the agent has not the full use of his intellectual faculties**: This means that if a person is not able to think clearly or **understand** their actions (for example, if they have a mental illness or are intoxicated), they may not be fully responsible for what they did. 2. **When the will or the understanding is not directed to the deed**: If a person **doesn't intend or understand** that they are committing a crime, they might not be guilty. For example, if someone acts without realizing they are breaking the law, they may not be fully responsible. 3. **When the will is overborne by compulsion**: This refers to situations where a person is **forced** or **coerced** into committing a crime, such as when they are threatened or pressured. In such cases, the person might not be guilty because their **free will** was taken away. In simple terms: - If someone can\'t think clearly or understand what they\'re doing, they might not be guilty. - If they didn't mean to do something or didn't know it was wrong, they might not be guilty. - If they were forced or threatened to do something, they might not be fully responsible. The absence or lack of the ability to understand and make decisions (to **will** and **understand**) can happen for several reasons. This can lead to a person being unable to have a **guilty mind**, also called **doli incapax**. The main reasons for this are: 1. **Young age**: Children are often considered too young to fully understand the consequences of their actions or to have a \"guilty mind,\" so they might not be held fully responsible for crimes. 2. **Insanity**: People who have serious mental illnesses or conditions that prevent them from understanding what they\'re doing may not be responsible for their actions. They can\'t form the necessary \"guilty mind\" if they don\'t understand the crime. 3. **Intoxication**: If a person is extremely drunk or under the influence of drugs, they may not be able to fully understand what they\'re doing or control their actions, which may mean they are not seen as having the \"guilty mind\" needed for a crime. In simple terms: - **Young children** may not be able to understand what they\'re doing. - **Mentally ill people** may not realize their actions are wrong. - **People who are very drunk or high** might not be aware of what they're doing. 1\. \*\*What is Criminal Law?\*\* \- Criminal law covers actions (or failures to act) that go against society's rules and are punishable, like through fines or jail time. \- Only the government, usually the police or Attorney General, can start a criminal case, although individuals can sometimes report crimes too. 2\. \*\*Criminal vs. Civil Law\*\*: \- Criminal law is about offenses against the public or state (e.g., theft), while civil law handles private disputes between people (e.g., contract issues). \- Criminal cases aim to punish, whereas civil cases aim to settle rights or responsibilities. 3\. \*\*What is Considered a Crime?\*\* \- For something to be a crime, it must be clearly defined as illegal by the government. \- Punishments must follow what the law prescribes, and there can be no crime or punishment unless the law specifically allows it. 4\. \*\*Types of Crimes\*\*: \- Crimes can include \*doing something harmful\* (like theft) or \*failing to do something required\* (like neglecting to help someone in danger). \- Crimes can be major offenses (crimes) or minor ones (contraventions). 5\. \*\*Key Elements of Criminal Liability\*\*: \- Criminal liability typically requires a \*bad action\* (something harmful or illegal) and a \*bad intention\* (like knowing it's wrong but doing it anyway). \- Liability may also result from \*negligence\* (not being careful enough) or sometimes with no bad intention at all, for specific offenses. 6\. \*\*Exemptions from Criminal Responsibility\*\*: \- Some people are exempt from being held responsible for crimes, such as those with mental illnesses, children, or those under extreme force or influence (like intoxication). This lecture emphasizes that criminal law focuses on protecting society from harmful actions and has clear rules on what counts as a crime, how it's punished, and who may or may not be held responsible. **07/11/2024** **My Notes:** **Basic principles of criminal law** The rules in criminal law are there to protect individuals from being wrongfully punished and to ensure that justice is served fairly. In simple terms: 1. **Innocent Until Proven Guilty**: This means that when someone is accused of a crime, they are considered innocent until the prosecution can prove beyond a reasonable doubt that they are guilty. It's a basic principle that helps protect people from unfair accusations. 2. **Criminal Intent**: To convict someone of a crime, it's usually necessary to show that they intentionally committed the crime (i.e., they had a \"guilty mind\"). Without this proof, a person shouldn\'t be punished for something they didn't mean to do. 3. **In Doubt, Favor the Accused (In Dubio Pro Reo)**: If there's any doubt about whether someone is guilty or innocent, the decision should be made in favor of the accused person. This ensures that people aren\'t punished if there\'s uncertainty about their guilt. 4. **Liberty as the Rule**: In criminal law, the idea is that people should be free (i.e., have their liberty) unless there is a very good reason to take that freedom away. If there's a legal question or doubt, it's better to let someone stay free rather than risk taking away their liberty without enough proof. These rules are in place to ensure that people's rights are protected, and they help prevent unjust punishment. This rule means that a person cannot be charged with a crime or punished for something unless the law clearly says that it is a crime. The law must be specific about what is considered a crime and what the punishment should be. The two Roman law principles it reflects are: 1. Nullum crimen sine lege: This means there is no crime unless the law specifically defines it as such. If the law doesn't say an act is a crime, then it cannot be treated as one. 2. Nulla poena sine lege: This means there is no punishment unless the law specifically says what the punishment should be for a crime. Additionally, when interpreting the law, courts should not twist or shrink the meaning of the words in the law. Instead, they must interpret them in a way that matches the original intention of the lawmakers. This is known as understanding the \"mens legis,\" or the spirit of the law, which is the purpose the lawmakers had when they created the law. This rule means that for something to be considered a crime or for someone to be punished, the law must specifically say so. The law is the only thing that can declare what acts are crimes and what punishments should be given. Here\'s a breakdown: 1. **No Crime Without the Law**: If the law doesn't say that something is a crime, then it can't be treated as one. The law must clearly state what actions or omissions are criminal. 2. **No Punishment Without the Law**: Similarly, if the law doesn't say what the punishment should be for a crime, then no punishment can be given. The punishment must be one that the law allows. 3. **Limitations on Punishment**: The court can only impose a punishment that the law allows. It cannot give a harsher punishment or a different type of punishment than the law prescribes for that crime. 4. **The Law is the Final Authority**: The law passed by the government is the only official and binding source for what is considered a crime and what the punishment should be. While customs or traditions may influence society, they cannot create or change criminal law on their own. In simple terms, the law must be clear and specific about what is a crime and what the punishment should be. Only the law can define these things. The **Principle of Legality** means that laws must clearly define what is a crime and what the punishment for that crime should be. No institution or authority can decide punishments arbitrarily or create crimes without following the law. Criminal actions can only be defined by the law, and those laws may change over time. Here's a breakdown: 1. **Punishment Defined by Law**: The punishment for crimes must be established by law, not decided randomly by other institutions (like courts or authorities). 2. **Changes in the Law**: Laws can change over time. For example, new laws can replace old ones, or a law may stop applying after a certain period (these are called \"transitory laws\"). 3. **Territorial Limits**: Laws are not the same everywhere. They usually apply only within the boundaries of the country or region where they were made. They are not universal. 4. **Repeal of Laws**: A law stops having effect only if it is repealed (canceled). There are two ways this can happen: - **Express Repeal**: A new law clearly states that it cancels or replaces an old law. - **Tacit Repeal**: A new law contradicts an old law. When this happens, the new law automatically cancels the old one without needing to say so directly. This is called \"lex posterior derogat priori,\" meaning the new law overrides the old one. In simple terms, laws can change, but only the law itself can create or cancel other laws. When a new law conflicts with an old one, the new one takes precedence. The **Right to a Fair Trial** means that anyone charged with a crime has the right to a fair hearing in court. This hearing must happen within a reasonable time, and the court must be independent and unbiased. In Malta, this is guaranteed by Article 39(1) of the Constitution. Here's a breakdown: 1. **Fair Hearing**: If someone is accused of a crime, they have the right to be heard in court. The trial must be fair, and it must happen in a reasonable amount of time. 2. **Independent and Impartial Court**: The court handling the case must be independent (not influenced by others) and impartial (not biased against the accused). This ensures the trial is fair. 3. **Equality and Fairness**: Everyone, no matter who they are, has the right to a fair and public trial by a court that is fair and unbiased. This applies not only in criminal cases but also in matters affecting people's rights and obligations. In the past, punishment was mostly seen as a way to pay off a debt to society. For example, if you committed a crime, you paid for it with a punishment. But over time, the view of punishment has shifted. Now, punishment is increasingly seen as a chance to help the offender change and improve, instead of just punishing them. In the past 15 years, we've seen changes in the legal system, such as: - **The Probation Act**: Instead of going to prison, offenders may be given the chance to prove they can change their behavior while under supervision. - **Suspended Sentences**: Sometimes, a court can suspend (delay) a prison sentence as long as the offender doesn't commit another crime. - **Parole**: In the future, it's possible that laws will allow offenders to be released from prison early if they show they've reformed. In simple terms, the law now focuses more on giving offenders a chance to change rather than just punishing them. This shift aims to reduce crime in the long term and help offenders reintegrate into society. **Punishments** Punishment in criminal law has different purposes, and it is designed to protect society and deal with offenders in a fair and balanced way. Here's a simple explanation of the concepts mentioned: 1. **Punishment as a Deterrent**: - The goal is to discourage people from committing crimes. When punishments are known, others may think twice before breaking the law because they fear the consequences. - The focus is on protecting society as a whole. 2. **Retributive Justice (Lex Talionis)**: - This is the idea of \"an eye for an eye,\" where punishment matches the crime, taken from Roman law. - The problem with this approach is that it can lead to unfairness. Sometimes, a person might be punished just to satisfy society's need for justice, even if it isn't entirely fair to the accused. 3. **Reformative Justice**: - Modern systems focus more on helping the offender change their ways and become a better member of society, rather than just punishing them. - Judges consider how punishment can help the offender reform. 4. **Examples of Reformative Punishments**: - **Suspended Sentence**: The court decides not to send the offender to prison unless they commit another crime during a specific time. - **Probation of Offenders' Act**: Instead of prison, the offender is put under supervision, where they must follow rules and show they're changing their behavior. - **Conditional Discharge**: The offender is released without punishment, but they'll face consequences if they commit another crime within a set period. - **Unconditional Discharge**: The offender is released without any conditions, usually because the offense was minor or they've shown remorse. - **Probation Order**: The court places the offender under a probation officer's supervision to guide and monitor their rehabilitation. 5. **Interdiction**: - This is a punishment where the offender loses certain rights and privileges, such as: - The right to hold public office. - The right to vote or run for elections. - The ability to engage in legal or civil activities, such as signing contracts. - Interdiction aims to limit the offender's involvement in public and civil life as a consequence of their actions. In summary, while older systems focused on punishment to satisfy society's sense of justice, modern approaches try to balance deterrence with helping offenders reform and preventing future crimes. **Suspension or conviction?** A **suspended sentence** is a type of punishment where the court gives a sentence of imprisonment but delays (suspends) sending the person to prison. The imprisonment part only takes effect if the person commits another crime during a specific period, known as the **operational period**. Here's a simpler explanation: 1. **It's Still a Conviction**: A suspended sentence is considered a full conviction, including all its legal consequences. The only difference is that the actual time in prison is put on hold unless another crime is committed. 2. **Judge's Decision**: The judge can decide to suspend the sentence if they believe the offender deserves a chance to stay out of prison. However, the sentence can only be suspended for prison terms between **1 day and 2 years**. If the sentence is **3 years or more**, it cannot be suspended. 3. **Operational Period**: During the time the suspension is in effect: - If the offender commits another crime, the judge will punish them for the new crime and may also activate the suspended prison sentence. - If the offender does not commit another crime, they won't have to serve the prison time once the suspension period ends. 4. **No Prison if You Stay Out of Trouble**: If the offender behaves and doesn't commit any new offenses during the suspension period, they avoid going to prison entirely. In short, a suspended sentence gives the offender a second chance to stay out of prison, but it comes with the condition that they must not reoffend during the suspension period. **Suspended Sentences** A **suspended sentence** means that although a person is found guilty and sentenced to prison, they don't actually go to jail as long as they follow the conditions of the suspension. However, the conviction is still official and recorded. Here's a simpler explanation: 1. **Conviction and Record**: - The accused is officially found guilty and sentenced to imprisonment. - What's suspended is the act of going to prison, not the conviction itself. On paper, the person is treated as if they were convicted and sentenced to prison. - The conviction will appear on their criminal record, which can affect their ability to do things like apply for government jobs. Even if they never physically went to prison, they are still considered officially convicted and imprisoned. 2. **Limitations on Suspension**: - According to **Article 28A**, a sentence of more than 2 years in prison cannot be suspended. Only sentences of **2 years or less** can qualify for suspension. 3. **Steps to a Suspended Sentence**: To decide if a suspended sentence is appropriate, the process involves three stages: - **First Stage**: The court decides if the accused is guilty or not. - **Second Stage**: The court decides the punishment, such as the length of the prison sentence. - **Third Stage**: If the sentence is 2 years or less, the court decides whether to suspend the sentence, giving the accused a chance to stay out of prison if they follow the rules. In summary, a suspended sentence allows the person to avoid prison as long as they meet certain conditions. However, it is still a formal conviction with all its legal consequences, including being recorded on their criminal history. **Operational period** A **suspended sentence** means the person is sentenced to prison, but they don't actually go to jail unless they break the rules during a set period, called the **operational period**. Here's a simpler explanation: 1. **Criminal Record**: - The person is officially convicted, and their criminal record will show they were sentenced to imprisonment, even if they don't go to jail immediately. - The actual prison time is \"on hold\" during the operational period. 2. **Operational Period**: - This is the time during which the person must follow the conditions set by the court. The operational period can be between **1 and 4 years**. - Example: If someone is sentenced to **1 year and 8 months in prison, suspended for 3 years**, they must follow the conditions for 3 years to avoid going to prison. 3. **Supervision**: - If the suspended sentence is longer than **6 months**, the court can assign a **supervisor** to monitor the person. - The person must follow the supervisor's instructions. If they don't, the court can cancel the suspension, and the person will have to serve the original prison sentence. 4. **Breaking the Rules**: - If the person commits another crime or breaks the conditions during the operational period, the suspension ends. - The original prison sentence is **activated**, and the person will go to jail for the time already decided. 5. **Difference from a Probation Order**: - With a **suspended sentence**, the punishment (prison time) is already decided. If the rules are broken, the person goes to prison for that exact sentence. - With a **probation order**, the court monitors the person's behavior and can decide later what punishment (if any) to give if the person doesn't comply. In short, a suspended sentence is like being given a second chance with clear conditions. If the person stays out of trouble during the operational period, they avoid jail. If they break the rules, they go to prison for the sentence already set by the court. **Inapplicability** There are situations where a **suspended sentence** cannot be given. Here's a simple explanation of those situations: 1. **Court's Decision**: - A suspended sentence is not a right; it's up to the judge to decide if it's appropriate. If the judge believes the person must go to prison, they won't suspend the sentence. 2. **Failure to Pay a Fine**: - A suspended sentence cannot be used as an alternative when someone doesn't pay a fine. If someone is required to pay a fine and doesn't, the court won't suspend a prison sentence instead. 3. **Already in Prison**: - If the person is already serving a prison sentence, the court cannot give them a suspended sentence for a new conviction. 4. **Repeat Offenders (Recidivists)**: - A suspended sentence is not allowed for someone who has a history of committing crimes repeatedly. These individuals are considered to have a tendency for criminal behavior. 5. **Breaking Probation or Conditional Discharge Rules**: - If the person commits a new crime while they are on **probation** or during a period of **conditional discharge**, they cannot receive a suspended sentence for the new crime. In summary, a suspended sentence is only possible if the judge decides it's appropriate and certain conditions are met. It is not allowed for repeat offenders, those already in prison, or when a person fails to pay fines or breaks probation rules. **Consequences of breach** Here's a simplified explanation of what happens if someone breaches a **suspended sentence** during the operational period: **1. Two Punishments for Two Offences:** - If the person commits another offence during the operational period: - The **suspension of the first sentence** can be removed, meaning the person will have to serve the original prison sentence. - The person will also face punishment for the **new offence**. **2. Involuntary Offences vs Serious Offences:** - If the second offence is **involuntary** (e.g., an accident), and the first offence was **serious**, the court has some flexibility: - The court may **extend the operational period** (up to 4 years from the date of the second offence) instead of removing the suspension. - Or the court might decide to keep things as they are and not lift the suspension. **3. Is the Offender a Recidivist?:** - A **recidivist** is someone who has already been convicted of a crime and commits another. - Under **Article 49**, the offender is a recidivist because they were convicted of the first offence. - **Aggravation of Recidivism** (making the punishment worse) depends on the time limits in **Article 50** and whether the first sentence was executed. - If the first sentence was not enforced (because it was suspended), **aggravation** for recidivism doesn't apply. **4. Dealing with a Breach of Conditions:** - The court doesn't automatically cancel the suspension if the person breaches the conditions. Instead, the court will: 1. **Summon the person** to court. 2. **Hear evidence** about the breach. 3. **Decide** whether to lift the suspension or take other action. - The process ensures fairness before enforcing the original prison sentence. **5. Additional Measures by the Court:** - Under **Article 28H**, the court can impose more than just the suspended sentence and supervision. It can also order the offender to pay **compensation** to victims. **Summary:** If someone breaches the conditions of a suspended sentence, the court has several options: - Remove the suspension and enforce the first sentence. - Extend the operational period in less serious cases. - Punish the person for the new offence as well. The court handles these situations carefully, ensuring all facts are considered before deciding. **What is probation?** **Probation** allows a convicted person to avoid prison and re-enter society under the supervision of a court-appointed **probation officer**. Here's a simpler explanation: 1. **No Criminal Record**: - Probation is not considered a formal conviction. - This means the person's criminal record stays **clean**, which helps them avoid serious consequences, like losing job opportunities. 2. **Supervision Period**: - The court assigns a probation officer to monitor the person's behavior and ensure they follow certain rules. - The supervision lasts for a period decided by the court: - It must be at least **1 year**. - It cannot exceed **3 years**. 3. **Key Benefit**: - Unlike a conviction that appears on a criminal record, probation gives the person a chance to improve their life without the lasting stigma of a criminal record. In short, probation is a second chance for someone to avoid a criminal record while being guided and monitored to stay out of trouble. **Probation Act** The court can't just decide to give probation whenever it wants. It has to follow specific rules outlined in **Article 7(2) of the Probation Act**. Here's a simpler explanation: 1. **Probation Can't Be Used for Minor Offences**: - Probation is only an option if the offence is more serious than one punishable **just by a fine**. In other words, probation is not for very minor offences. 2. **Limits on the Severity of the Offence**: - The offence must be something that could result in **imprisonment for up to 7 years or less**. If the offence is punishable by more than 7 years in prison, probation is not allowed. In short, probation is only an option for offences that are more serious than fines but not so severe that they involve very long prison sentences. The **probation service** helps the offender understand and follow the rules set by the court during probation. Here's a simpler explanation: 1. **Educating the Offender**: - Probation officers explain the court's orders and what the offender needs to do to stay out of trouble. 2. **Monitoring Compliance**: - The probation officer ensures the offender is following the rules, such as: - Respecting a **restraining order**. - Attending a required **drug or alcohol rehabilitation program**. - Staying away from any **criminal activity**. 3. **Reporting Breaches**: - If the probation officer believes the offender is breaking the rules, they must report it to the court. In short, probation officers guide the offender and ensure they follow the court's rules. If the offender breaks any rules, the officer informs the court, which can take further action. Before giving a **probation order**, the court must make sure the offender understands what it means. Here's a simpler explanation: 1. **Explaining the Rules**: - The court must explain the **effect of the probation order** to the offender, including: - What is expected of them. - What will happen if they fail to follow the rules. 2. **Court's Power to Review**: - The court can **review or change the order** if needed. This can happen if: - The offender asks for it. - The probation officer requests it. 3. **Additional Requirements**: - Depending on the case, the court can add special conditions to the probation order, such as: - **Drug or alcohol treatment** if the offender struggles with addiction. - **Mental health treatment** if the offender has a mental health issue. - The offender must agree to these requirements. 4. **Asking for Consent**: - Before giving the probation order, the court asks the offender if they are willing to follow the rules. - If the offender **refuses** to comply, the court won't give probation. Instead, it will choose a different punishment. 5. **Exception for Young Offenders**: - If the offender is **under 14 years old**, the court doesn't need to ask for their agreement. **In short:** The court makes sure the offender fully understands the probation order, asks if they are willing to follow it, and can include special conditions like treatment if needed. If the offender refuses, the court will choose another form of punishment. A **probation order** can be changed or even cancelled if the person doesn\'t follow the rules. Here\'s how it works in simpler terms: 1. **Failure to Follow Rules**: - If the court sees that the person (the **probationer**) is not following the probation rules, it can **call the probationer to court** to explain. 2. **Committing a New Crime**: - If the probationer commits a **new illegal act** during their probation, the court will judge them for both: - The original crime they were on probation for. - The new offence they committed. - This means they could face punishment for both crimes. 3. **Breaching Conditions Without Committing a New Crime**: - The probation order can also be **breached** if the probationer **fails to follow the conditions**, even if those conditions are not illegal. - For example, if the probationer doesn\'t attend required meetings or therapy sessions, it's considered a breach, even though it might not be a crime. **In short:** If the person on probation doesn't follow the rules---whether by committing a new crime or failing to meet other requirements---the court can call them back to court and punish them for both the original crime and the new breach. The court takes a **probation order** very seriously, no matter how old the person is. Here\'s what it means in simple terms: 1. **Seriousness of Breaching Probation**: - If the person on probation breaks any of the rules set by the court, it's considered a **serious matter**. 2. **Consequences of Breaching**: - If the probationer **doesn't follow the rules**, the court may cancel the probation order. This means the probationer could be sent to **prison** or face other punishments as determined by the law. **In short:** The court expects probationers to follow the rules. If they don't, the court can cancel the probation and punish them as if they had been sentenced in the first place. **Punishments** Article 7 of the **Criminal Code** lists the different types of punishments for crimes and smaller offences (called **contraventions**). Here's what they mean in simple terms: **Punishments for Crimes (more serious offences):** 1. **Imprisonment**: The person is sent to **prison**. 2. **Solitary Confinement**: The person is kept in a **cell alone** for a period of time. 3. **Interdiction**: The person is **banned** from holding certain public offices or privileges. 4. **Fine (multa or ammenda)**: The person must pay **money** as a penalty. **Punishments for Contraventions (less serious offences):** 1. **Detention**: The person is held in a **place of detention** (but not in prison). 2. **Fine (ammenda)**: The person must pay a **smaller fine**. 3. **Reprimand**: The person is given a **formal warning**. 4. **Admonition**: The person is given a **gentle warning** or advice to avoid further offences. **In short:** - **Crimes** can lead to harsher punishments like prison, fines, or being banned from certain roles. - **Contraventions** lead to lighter punishments like detention, fines, or warnings. **Duration and heinousness** Here's a simpler explanation of **Article 8** and **Article 9**: **Article 8: Duration of Imprisonment:** 1. **Length of Prison Sentence**: The **law sets** the length of the prison sentence for each crime. 2. **Brackets for Sentences**: Often, the law gives a **range** (or bracket) of how long a sentence can last for a particular offence. 3. **Court\'s Decision**: The **court** decides the exact length of the prison sentence based on the **specific details** of the case. 4. **Special Legislation**: Some laws, like the **Money Laundering Act (Chapter 373)**, can set specific punishments, such as a **sentence of up to 18 years in prison** for money laundering. **Article 9: Solitary Confinement:** 1. **What is Solitary Confinement?**: Solitary confinement means keeping the person in a **separate, isolated place** in prison where no one else (except authorized people) can visit them. 2. **Time Limit**: Solitary confinement can't last more than **10 continuous days** at a time. 3. **Rest Between Terms**: If the person has been in solitary confinement, they must have at least **2 months off** before they can be placed in solitary confinement again (with some exceptions). 4. **Conditions for Use**: Solitary confinement can only be used for certain crimes that are specified by the law. 5. **Health Check**: Before sentencing someone to solitary confinement, the **court** must make sure the person is **medically fit** to handle it. **In short:** - **Imprisonment**: The court decides the prison sentence length, based on the law and circumstances. - **Solitary Confinement**: A punishment where the offender is isolated in prison, but it can't last too long and can only be used in certain cases. The offender must also be healthy enough to handle it. **Detention and Interdiction** Here's a simpler explanation of **Article 12** and **Article 10**: **Article 12: Detention:** 1. **What is Detention?**: **Detention** is different from imprisonment. It means the person is kept in prison, but **not for as long as someone in prison**. 2. **Duration**: The court can order detention for a **maximum of two months**. 3. **No Criminal Record**: The person who is detained will not have a criminal record like someone who has been imprisoned. This means it doesn't affect their employment or future in the same way as imprisonment. **Article 10: Interdictio