Our Senior Legal Partner, Dr Joe Giglio, was invited by ELSA Malta to participate in a high-level debate on AI and Criminal Responsibility. As artificial intelligence increasingly influences decision-making and human activity, the legal questions surrounding responsibility, accountability, and criminal liability continue to grow in significance. Drawing on his extensive legal experience, Dr Giglio shared...

Failure to pay maintenance in Malta is not merely a civil matter — it may also amount to a criminal liability under Article 338(z) of the Criminal Code. The law imposes a strict obligation on individuals ordered by a court, or bound by a legally valid separation agreement, to pay maintenance within the stipulated timeframes....

Medical negligence claims in Malta are not regulated by a specific statutory framework. Instead, Maltese courts rely on the general provisions on damages contained in the Civil Code, Chapter 16 of the Laws of Malta. Medical Negligence Claims in Malta In a recent judgement regarding alleged damage caused because of breast augmentation surgery an extensive...

A landmark judgment delivered by the First Hall, Civil Court (Constitutional Jurisdiction) enshrined that the right to cross-examine witnesses at any stage of criminal proceedings is a fundamental human right. This ruling reaffirms that the right to a fair hearing includes the right to cross-examine witnesses. The defence was denied the opportunity to cross-examine the...

The European Court of Human Rights [‘ECHR’] have found it completely unacceptable for there to be surveillance over communications of citizens, be it through post or be it through telecommunications services, without there being stringent legal safeguards. In fact, such interference without the appropriate safeguards would constitute a breach of Article 8 of the European...

It was a pleasure for Senior Partner Dr. Joseph Giglio to address the Chamber of Engineers annual conference which focused on the need to break new ground in Aerospace Innovation. The conference tackled the challenges faced by the aviation industry and how to make use of new technologies to render it more competitive and efficient.

During a conference organized by the Institute of Financial Services Practitioners, Dr. Giglio was invited to address and participate in a panel discussion focused on the challenges faced by the financial services industry in ensuring compliance with money laundering legislation.

A presumption of criminal responsibility has been established in our laws by virtue of Article 3 (1A) of Chapter 104 of the Laws of Malta titled the Motor Vehicle Insurance (Third-Party Risks) Ordinance. Whilst Article 3(1) of Chapter 104 creates the offence of driving a vehicle without a valid insurance cover, Section 3(1A) creates the...

Extradition is the act of officially sending an accused or a convicted person by a State, on whose territory the alleged criminal is situated, to another State for such individual to be tried or serve the sentence. In other words, extradition is the formal surrender by one State to another of an offender who is...

Criminal proceedings are to be tried within a reasonable time. This fundamental human right is catered for in Article 39 of the Constitution of Malta which reads as follows: Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by...