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maltatoday | SUNDAY • 25 SEPTEMBER 2022 15 LAW CLASSIFIEDS THE prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held crimi- nally liable. This was held by the Court of Magistrates on the 15th Sep- tember 2022 in the judgement Il-Pulizija vs Omissis and Joseph Muscat. The Court was presided over by Magistrate Nadine Lia. The defendant was accused of causing grievous injuries to Mr Gilmore Cachia, when he at- tacked the victim while he was trying to run away from the ac- cused. The defendant together with others, allegedly tried to drag Mr Cachia inside their car to beat him up. During his statement, the ac- cused explained that whilst he was in the car, he saw a third person fighting with Mr Cachia in the road. He approached them to try and break up the fight but did not touch Mr Cachia. The third person corroborated the de- fendant's statement and out- lined that he was not involved in the attack. However, the victim, Mr Cachia, reiterated that the de- fendant was one of the persons who attacked him. As a result, the Court was faced with two contrasting versions, the victim's version where he put the responsibility solely on the accused, and the accused's version who declared that he was not involved, cor- roborated by a third person who admitted to the charges related to this case. This judgement outlined that the Court must always follow the law regarding the degree of proof required. Moreover, the prosecution must always prove according to the degree provided for in the law, for both the material ele- ment and the formal element of the offence in question. This does not mean that the prosecution should prove the constitutive elements of the offence to the degree of abso- lute certainty, but always to the degree of beyond reasonable doubt. The Court quoted from Il- Pulizija vs Marco Farrugia, Kevin Galea and Marcel Mizzi decided by the Court of Appeal (Inferior Jurisdiction) on the 31st May 2001, which held that like any other crime, it is not enough that only the material element is proved. The prosecution must al- so prove beyond reasonable doubt, the formal element which existed at the same time as the material act. The general conditions of criminal responsibility are in- dicated with sufficient accura- cy in the old legal maxim, actus non facit reum, nisi mens sit rea. The act alone does not amount to guilt. It must be ac- companied by a guilty mind. There are two conditions to be fulfilled before criminal re- sponsibility can rightly be im- posed. The first condition to be sat- isfied is the material condition, the actus reus. This is the doing of some act by the person to be held liable. A person is criminally respon- sible only for those wrongful acts which he does either wil- fully or negligently. Only in these circumstances, the act is accompanied by mens rea. The second condition is the formal condition, the mens rea with which the act is done. It is not enough that a person carries out some act which, on account of its mischievous ten- dencies or results, the law pro- hibits. Before a person is held crimi- nally liable, an enquiry must be made into the mental attitude of the doer. Although the act may have been materially or objectively wrongful, the mind and will of the doer may have been inno- cent. If these two conditions do not exist concurrently, the person will not be held criminally lia- ble. In fact, in this judgement, the Court was convinced that the prosecution did not prove its case according to the degree of proof required in criminal proceedings, i.e., proof beyond reasonable doubt. Respectively, the Court did not find the defendant guilty of the accusations made against him and acquitted him of all charges, while refraining from considering him as a recidivist, given the acquittal of the first three accusations. Criminal liability can only be imposed if the formal and material conditions exist concurrently LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. 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