Pretended rights charges borders on the civil law rights
Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law
23 May 2021, 8:23am
by Malcolm Mifsud
Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in Il-Pulizija -v- Paul Agius, Joseph Agius and Emanuel Agius, decided on 19 May 2021 by Magistrate Dr Donatella Frendo Dimech presiding of the Magistrates’ Court in its criminal jurisdiction.
The three brothers were accused of pretended rights that took place on 6 June 2020 and the following days. The Court immediately delved into the elements of pretended rights as stated in Article 85 of the Criminal Code. In Court of Criminal Appeal judgement delivered on 30 November 2016, the Court had held that the Court should in these cases investigate whether a state of affairs has been unilaterally changed and the victim of this offence has been deprived from t