A murder suspect challenged Art. 211A of the Criminal Code — Malta's femicide law — arguing it removed the 'crime of passion' defence. The Constitutional Court dismissed the challenge as frivolous.
Constitutional Court of Malta · Constitutional Court of Malta · 16 March 2026
On 14 January 2024, Fabian Eliuth Garcia Parada was arrested following the killing of his fiancée Sandra Milen Ramirez Prieto, who was found dead after being stabbed 26 times. Before his criminal trial concluded, Parada launched a constitutional challenge to Article 211A of the Criminal Code — Malta's femicide provision, introduced by Act X of 2022. He argued that the law was discriminatory and that it effectively removed the 'crime of passion' defence available under general homicide law. The Constitutional Court dismissed the application on 16 March 2026. The court found the challenge was 'intrinsically connected' to the ongoing criminal inquiry and amounted to an unauthorised attempt to appeal the magistrate's decree. The court declared the application 'frivolous and vexatious'. Following the dismissal, the defence announced plans to appeal to the European Court of Human Rights in Strasbourg. Malta's femicide law is one of the most specific in Europe: it defines femicide as the killing of a woman by a partner, ex-partner or family member in a context of gender-based violence, and removes the ability of the court to apply reduced charges in such circumstances.
Constitutional challenge dismissed as frivolous and vexatious. Femicide law upheld. Defence escalating to ECHR in Strasbourg.
Criminal Code Ch. 9 Art. 211A — femicide (Act X of 2022); Constitution of Malta Arts. 32–45 — fundamental rights and non-discrimination