Malaysia Criminal Justice System and Criminal Investigation Notes

Geography and Demographics: Malaysia covers $148,000\,sq.\,miles$ with a population of approximately $28\,million$ across $13$ States and $3$ Federal Territories.
Legal Pluralism: A heterogeneous system integrating Common Law, Syariah Law, and Customary Law (Aboriginal, Chinese, Hindu, and Native laws of Sabah-Sarawak).
Federal Constitution: Recognized as the supreme, written law of the federation and the fundamental law of the land.

Malacca Sultanate: Traditional justice admins included the Bendahara (Administration of Justice) and Temenggung (Apprehending criminals and maintaining prisons).
Traditional Laws: Includes Undang Melaka, Hukum Kanun Melaka, Risalah Hukum Kanun, and Undang Laut Melaka.
British Influence: - 1807: First Royal Charter of Justice in Penang introduced English statutory law. - 1824–1855: Expansion through the Straits Settlements (Penang, Singapore, Malacca) and subsequent Charters.
Harmonization: The Civil Law Ordinance 1956 applied to all $11$ states; laws were harmonized for Sabah and Sarawak in $1963$ .

Stakeholders: Law Enforcement (Police), Attorney General, Judiciary, and Corrections.
Cardinal Principles: - Accused is presumed innocent until proven guilty. - The state must prove the case beyond reasonable doubt. - Defense is only called if a prima facie case is established. - Ambiguity in statutes is resolved in favor of the liberty of the accused (PP v Sihabduin [1980]).

Governance: Under the Ministry of Home Affairs as per Article 140 of the Federal Constitution and the Police Act 1967.
Mandate (Sec. 3(3) Police Act): Maintenance of law and order, preservation of peace/security, crime prevention/detection, and apprehension/prosecution of offenders.
State CID Structure: - D1: Administration. - D2: Criminal Records. - D5: Legal & Prosecutions. - D9: Special Investigation (Serious Crime). - D10: Forensic Lab. - D11: Sexual crimes.
Central Intelligence Unit (CIU): Utilizes an integrated system including BIOFIS (Biometric Finger Print Identification System).

Criminal Procedure Code (CPC): Chapters XIII, sections $107$ through $120$ .
Key Sections: - Sec. 111: Power to require attendance of witnesses. - Sec. 112: Examination of witnesses. - Sec. 116: Police search powers. - Sec. 117: Remand procedure when investigations cannot be completed within $24\,hrs$ . - Sec. 119: Maintenance of the Diary of proceedings.

Prosecution: Under Article 145(3) of the Federal Constitution, the Attorney General has discretion to institute, conduct, or discontinue proceedings (excluding Syariah, Native, or Court-Martial).
Court Hierarchy: - Superior Courts: Federal Court, Court of Appeal, High Court of Malaya, and High Court of Sabah and Sarawak. - Subordinate Courts: Sessions Court, Magistrate Court, and Penghulu Court. - Specialized Courts: Court for Children (Child Act), Special Courts, and Syariah Courts.