Ligi Kriminali

Non-retroactivity is the organising premise of Maltese criminal law: liability attaches only to conduct that was already criminal at the moment it was carried out, and the State may not tighten penalties or expand liability after the fact. From that premise flows the principle of lex mitior: when the law applicable at trial differs from […]

There is a dispute regarding Bill 76 aimed at restricting freezing orders to assets genuinely linked to criminal activities, with some viewing it as a reasonable approach. On the other hand, critics have characterized these proposed amendments as “perverse“.  I prefer to refrain from participating in political discussions and, instead, focus on academic arguments rooted […]

The debate surrounding the authorization of confiscation orders for assets linked to criminal activities prior to a trial revolves around intricately balancing law enforcement objectives and human rights considerations. Supporters contend that allowing pre-trial confiscation orders can thwart individuals engaged in criminal pursuits from disposing of their unlawful assets, ensuring that the gains from illegal […]