Punishments Under Maltese Criminal Law

Punishments under Maltese Criminal Code

Criminal law establishes offences and their respective punishment, all with the view of facilitating an effective and just judicial framework. This is in line with the principles of nullum crimen sine lege¹ and nulla poeana sine lege². The established punishments under the Maltese Criminal Code and associated legislation thereto, rarely impose a determinate punishment but rather impose a variable sanction. This variability relates to both imprisonment and fines.

There are 3 leading theories providing different perspectives and reasons why the judicial system punishes offenders:

1. The Retributive Theory – This is a theory based on the notion of lex talionis³. This notion embodies the eye-for-an-eye principle and hence, this theory opines that an offender is to be punished in the same manner of the offence.