Introduction to Criminal Justice System in Malaysia

Vocabulary terms and definitions related to the Malaysian criminal justice system, including legal principles, types of offences, and procedural stages.

Criminal Justice System (CJS)

The system of law enforcement, adjudication, and correction involved in the apprehension, prosecution, and control of those charged with criminal offences.

Police

Public agencies created to maintain order, enforce criminal law, provide emergency services, keep traffic moving, and develop community safety.

Courts

The scene of the trial process where the criminal responsibility of defendants is determined and the integrity of the government's rule of law is maintained.

Corrections

Agencies representing postadjudicatory care given to offenders, including community supervision (probation), incarceration (jails, prisons), and parole programs.

Adversary System

A court process where the prosecutor and defense attorney oppose each other in a contested criminal trial overseen by a judge.

Penal Code (Kanun Keseksaan)

One of the three main acts governing the criminal justice system in Malaysia.

Criminal Procedure Code (Kanun Prosedur Jenayah)

One of the three main acts governing the criminal justice system in Malaysia, often abbreviated as CPC.

Evidence Act (Akta Keterangan)

One of the three main acts governing the criminal justice system in Malaysia.

Presumption of Innocence

The principle that every criminal case begins with the accused being innocent; the prosecution must prove guilt beyond a reasonable doubt.

Due Process

A thorough examination of the facts of each case and the recognition of the importance of protecting the legal rights of those charged with criminal offences.

Independent Judiciary

The principle that anyone accused of a crime has the right to have their case decided by fair and impartial judges.

Openness and Accessibility

The principle that criminal courts should be open to the public so they may assess the process of justice.

Equality before the law

The principle that the victim and the accused shall have equal treatment according to the law.

Article 5(2) of Federal Constitution

Provides that a person arrested shall be informed of the grounds of arrest and allowed to seek legal counsel.

Article 5(3) of Federal Constitution

Provides that a person shall be released within 24 hours of arrest, except with a magistrate’s authority.

Section 28A of CPC

The section of the Criminal Procedure Code that guarantees the right to legal representation.

Right to remain silent

The right held by every person arrested and by an accused when called to enter a defense.

Double Jeopardy

The principle under Article 7(2) of the Federal Constitution that a person acquitted or convicted of an offence shall not be tried again for the same offence.

Burden of Proof

The responsibility of the DPP to prove the guilt of the accused beyond a reasonable doubt; the accused only needs to raise a reasonable doubt.

Offence (Section 40 Penal Code)

Defined as an act punishable by the Penal Code.

Offence (Section 2(1) CPC)

Defined as any act or omission made punishable by any law for the time being in force.

Seizable offence

An offence in which a police officer may ordinarily arrest without a warrant; usually serious in nature and punishable by 3 years imprisonment or more.

Non-seizable offence

An offence in which a police officer may not ordinarily arrest without a warrant; usually less serious and punishable by less than 3 years imprisonment.

Order to Investigate (OTI)

An order that must be obtained from the Public Prosecutor (PP) before a police officer can investigate a non-seizable offence.

Summon Case

A less serious case addressed to the person summoned, relating to offences punishable with less than 6 months imprisonment or a fine only.

Warrant Case

A more serious case addressed to a police officer, relating to offences punishable with more than 6 months imprisonment or the death sentence.

Investigation

The first stage an accused undergoes; conducted by police or authorized persons to collect evidence for inquiry and trial.

Inquiry

The second stage conducted by a court or magistrate for judicial determination other than guilt or innocence.

Trial

The third stage conducted by a court or magistrate for the determination of any question relating to guilt or innocence.

Bailable Offence

An offence of a less serious nature where the accused is entitled to be released on bail, generally punishable with less than 3 years imprisonment.

Non-Bailable Offence

An offence where the accused has no right to bail, but the court may grant bail at its discretion; generally punishable with more than 3 years imprisonment.

Unbailable Offence

Offences under specific provisions (e.g., FIPA 1971, DDA 1952) where the court has no discretion to grant bail.