Criminal Procedure Code
CHAPTER TWO : WORK PROCESS AND PROCEDURES (DEATH INQUIRY)
2.1 INTRODUCTION
Malaysia are developing country which achieve many great achievement. However, it does not exceptional from getting criminal cases which being committed by irresponsible individual.
It has become a social responsibility of a government to ensure that the citizen are able to do their daily activity without feel fear in becoming a victim of criminal cases that occur daily. To make sure the safety of the citizens, a criminal justice system which is effective and efficient must be establish to ensure the offenders are arrested, prosecute and punished accordingly.
Criminal Procedure Code or Act 593 is a provision of law which has become a general guideline which
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The accused is entitled to be accorded with a fair trial in accordance with the principles of natural justice. A legal maxim “the accused person is presumed to be innocent unless proven otherwise”. It is through proper trials that criminal justice can be upheld and to achieve this, it is essential that there should be a proper understanding on the procedures in summary trials.
The fundamental principle underlying the criminal justice system in Malaysia is that an accused person is innocent until proven guilty. Consonant with this principle, the criminal justice system of Malaysia provides various safeguards to protect accused persons.
The duty to investigate an offence is with the police, and the duty to decide whether a person ought to be charged lies with the Attorney-General, who is also the Public Prosecutor. Lawyers bears the duty to defend an accused person and the court adjudicates.
A death inquiry is carried out to investigate and ascertain the cause of death. Procedural aspects as contained in the Criminal Procedure Code (Act 593) as well as the practice of law in the
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To achieves this objectives, the coroner was given the responsibility and wide discretionary power to control the inquest into the death to ensure the question arise related to the death of the deceased are able to be answer at the end of the proceedings. Moreover, the coroner is also responsible in determining whether there is element of criminal exist in connection of his death. In the case of Re Loh Kah Kheng , the court explain the role and function of the coroner as
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