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LAW601 Criminal Procedure I UITM Assignment Answers Malaysia

LAW601 Criminal Procedure I in Malaysia course is designed to acquaint students with the substantive and procedural law governing criminal proceedings in Malaysia. The course will cover various topics such as the Malaysian legal system, the administration of justice, criminal law, criminal procedure, and sentencing. In this course, students will learn about the different stages of criminal proceedings, from investigation to trial and sentencing. They will also be introduced to the principles of natural justice and procedural fairness, as well as the rights of accused persons under Malaysian law. At the end of the course, students should have a good understanding of the Malaysian criminal justice system and be able to apply the law to different factual scenarios.

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Assignment Activity 1: Analyse the rules of the criminal procedure and its application to provide a foundation necessary to equip students for legal practice.

Malaysia is a country that uses the dualist approach in its legal system. This means that there are two separate and distinct legal systems in operation within the country, one for civil matters and the other for criminal matters. The criminal justice system in Malaysia is governed by the Criminal Procedure Code (CPC), which lays down the procedural rules that must be followed by the police and the courts in criminal cases. The CPC is federal legislation, which means that it applies to all states in Malaysia.

Rules of criminal procedure

  • A criminal case must commence with a police report.
  • The police have the power to investigate a crime once a report has been lodged.
  • The accused person has the right to remain silent during interrogation by the police.
  • The accused person has the right to be represented by a lawyer during questioning by the police.
  • The accused person has the right to be informed of the charge against him/her.
  • The accused person has the right to bail unless he/she is charged with a capital offense.
  • The prosecution must disclose all evidence to the defense.
  • The trial must be held in public.
  • The accused person is presumed innocent until proven guilty.
  • The burden of proof lies on the prosecution.
  • The accused person has the right to appeal against his/her conviction and sentence.
  • A pardon may be granted by the Yang di-Pertuan Agong (the head of state) to a person convicted of a criminal offense.

The above are the general rules that govern criminal procedure in Malaysia. These rules may be modified or relaxed in certain circumstances, depending on the nature of the offense and the interests of justice. For example, in cases involving national security or public order, the accused person may be detained without bail for a period of up to 28 days.

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Assignment Activity 2: Explain the process involved in the arrest, search, and institution of the criminal process and display the basic skills in preparing and drafting charges.

The process of arrest, search, and institution of criminal proceedings in Malaysia is governed by the Criminal Procedure Code (CPC).

Arrest

A police officer may arrest a person without a warrant if he/she has reasonable grounds to believe that the person has committed or is about to commit an offense. The arrested person must then be brought before a magistrate within 24 hours of his/her arrest.

Search

A police officer may search the premises of an accused person if he/she has reasonable grounds to believe that there is evidence of a crime on the premises.

Institution of criminal proceedings

Criminal proceedings in Malaysia are started by the filing of a police report. A police report can be made by any member of the public. Once a police report is lodged, the police will investigate the matter and, if they find enough evidence, they will charge the accused person in court.

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Assignment Activity 3: Analyse the rules of criminal procedure and its applications to provide a foundation necessary to equip students for the course in criminal trial and advocacy.

The rules of criminal procedure provide the foundation necessary to equip students for the course in criminal trial and advocacy. The rules of criminal procedure govern the procedures by which a criminal case is tried, including the right to a speedy and public trial, the right to an attorney, the right to confront witnesses, and the right to a jury trial.

In addition, the rules of criminal procedure govern the admissibility of evidence, the conduct of trial lawyers, and the rights of defendants. The rules of criminal procedure are complex, and they are constantly evolving. However, a thorough understanding of the rules is essential for any student who wishes to become a criminal trial lawyer.

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