Reference: 307/2012

Judgement Details


Date
11/12/2017
Court
OF CRIMINAL APPEAL (INFERIOR)
Judiciary
SCICLUNA DAVID
Parties
IL-PULIZIJA vs STAGNO NAVARRO KEITH
Judgement Type
FINAL JUDGEMENT

Keywords / Summary


Keywords
KOMPLICITA`, ACCESSORY AFTER THE FACT
Summary
Fil-ligi Maltija, il-figura ta' accessory after the fact li tezisti fil-ligi Ingliza ma tiffurmax parti mill-elementi inkluzi u msemmija tassattivament fil-ligi, biex ikun hemm komplicita' fir-reat. Fin-Noti tal-Professur Mamo insibu dan li gej: ‘Concurrence after the fact is impossible. All that comes after the event cannot be the cause thereof ... it is extraneous to its happening whatever its connection with it. Thus to receive stolen articles, or to harbour a fugitive from the prisons, or toconceal the dead body of a murdered person, cannot in themselves be considered as a participation in the respective crimes. All such actions may be, in fact, are made punishable by the law as offences ‘sui generis' but it would be absurd to regard them as forms of accession to the crime. Nor can itbe objected that such actions are very often but the carrying out of a previous promise; for, in any such case, the antecedent promise being made to appear, it would be such promise made before the event that would constitute complicity and not its fulfilment after the fact.




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