Criminal Law in Malawi

Product Details:
Author(s):
Bande, L C
Year Published:
2017
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Criminal Law in Malawi is an authoritative explanation of criminal law in Malawi, covering both theory and practice. The book discusses the statutory bases of the law, and the interpretation and application of the law by Malawi’s higher courts. Criminal Law in Malawi covers the general principles of criminal liability as well as specific offences, including homicide, robbery, corruption, money laundering, terrorist financing, human trafficking, rape, sexual harassment, crimes against children, road traffic offences and environmental crimes.
Criminal Law in Malawi comes in the wake of the review of the Penal Code and the enactment of several criminal statutes. The book analyses both the new and the old criminal law of Malawi, and discusses statutes and case law from comparable jurisdictions. This important resource will be useful for law students, lawyers, law enforcement officers, judges, magistrates, legislators, and policy makers.
Content
Tables of Cases: Malawian; English; Canadian; South African; United States; Zambian; European Court of Human Rights and European Court of Justice; Australian; Malawian
Table of Statutes
PART I: INTRODUCTORY TOPICS 
The nature and functions of criminal law, and its place in Malawi’s legal system
Sources of criminal law, interpretation of criminal statutes and criminal jurisdiction
Definitions and classifications of crimes
Criminal punishment and theories of punishment
Overview of Malawi’s criminal justice system and institutions
PART II: GENERAL PRINCIPLES OF CRIMINAL LIABILITY
Conduct element of a crime (or actus reus)
Causation
Mental element of a crime (mens rea)
Special forms of liability: Strict liability, vicarious liability and corporate liability
Participation
General defences
PART III: SPECIFIC OFFENCES
Offences against the government’s authority
Offences against Public Tranquillity
Offences against the Administration of Justice
Offences against the Public Authority
Offences against morality
Offences relating to domestic obligations
Nuisances and offences against convenience
Homicide and related offences
Non-fatal offences against the person
Offences endangering the environment
Offences against liberty
Theft and theft-related offences
Robbery and related offences
Housebreaking and burglary, and similar offences
Frauds and deceptions
Receiving property unlawfully obtained and like offences
Offences causing damage to property
Forgery and uttering a false document
Inchoate offences
Road traffic offences
Offences under the Corrupt Practices Act
Money laundering and terrorist financing
Offences under the Gender Equality Act, 2012
Offences under the Trafficking in Persons Act, 2015
Offences under the Child Care, Protection and Justice Act, 2010
Interest / Benefit to
Law students
Lawyers
Law enforcement officers
Judges
Magistrates
Legislators
Policy makers