Criminal Procedure In Malaysia Case Study

703 Words3 Pages
1.1 Background Criminal Procedure Code in Malaysia
Criminal procedure is the body of state and federal constitutional provisions, statutes, court rules, and other laws governing the administration of justice in criminal cases. The term encompasses procedures that the government must follow during the entire course of a criminal case, ranging from the initial investigation of an individual suspected of criminal activity, through arrest, arraignment, plea negotiations, pre-trial hearings, trial, post-trial motions, pre-sentence interviews, sentencing, appeals, and probation and parole proceedings. The rules of criminal procedure may also apply after a defendant has been unconditionally released following an acquittal.
Criminal procedures are
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The CPC has applied throughout Malaysia since 10 January 1976. It was first introduced in 1927 to govern criminal procedure in the then Federated Malay States. It was revised in 1999 and has been amended several times, most recently in 2006 via the Criminal Procedure Code (Amendment) Act 2006 (Act A1274) following the publication in 2005 of the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (The Royal Commission) and subsequently of the Report of the Independent Inquiry Commission concerning the ketuk-ketampi (‘nude squat’) incident. Although not all the Royal Commission’s key recommendations for reform have been implemented, those that have been included in the amendments to the CPC by act A1274 should contribute towards improving the criminal process ( in particular, at the pre-trial stage) and the battered image of the Polis Di Raja Malaysia (Royal Malaysia Police) (PDRM).
The CPC provides rules of general criminal procedure. There are additional rules of criminal; procedure governing specific situations example:
 Dangerous Drugs Act 1952 (Act
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Trial
3. Post-trial
(A First Look at the Malaysian Legal System by Wan Arfah Hamzah published 8th December 2011)
1.1 Why Criminal Procedure Rules Matter
The rules of criminal procedure are extremely important to defendants because they are designed to guarantee constitutional due process to those individuals charged with a crime. Criminal convictions can carry severe consequences, including: Paying steep fines and court costs, Loss of liberty by imprisonment and Loss of civil liberties, like the right to carry a weapon and the right to vote. A criminal conviction can also carry a permanent stigma. Criminal procedures are designed to make sure that any given defendant receives due process and their constitutional rights are protected. Probably one of the most famous examples of criminal procedure protecting constitutional rights is the Miranda warning. After the Supreme Court 1966 ruling in Miranda v. Arizona, lawmakers in various states began implementing procedures to ensure that defendants were given warnings before they made statements to the police. Prior to 1966, very few states had procedures in place to ensure that the constitutional rights of defendants were protected. Because of rules like these, defendants have the right to confront witnesses and the right to remain silent, even during
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