Understanding Criminal Proceedings in Malaysia (An Easy Guide)

This article aims to give readers an insight on criminal proceedings in Malaysia. This article will use basic language and terminologies, as the author attempts to provide a clearer understanding on criminal proceedings in Malaysia.

1. THE CHARGE

This is arguably the most important document in any criminal proceedings. It is the corner stone of any case brought against an individual.

A charge will contain brief details of the date, time, section, and material facts that forms the essence of the charge against you (the crime you were alleged of committing).

See, each offence has its own "ingredients" that needs to be established by the prosecution; before one is said to have committed the offence is up for sentencing.

Hence, in a charge sheet, that particular fact will be stated very briefly to put an alleged offender on notice

From the date a charge is being read in court against an accused person, that person will be known as the "OKT" (Orang Kena Tuduh).

From here on, the proceeding starts.

2. PROSECUTION CASE

The Prosecution will proceed with their case first.

They will have their witness(es) take the stand and tender evidence on their behalf.

This is done with the intention to prove the "ingredients" of the particular section that one is being charged with.

At this stage, the defense team will be allowed to scrutinize all evidence tendered.

Once the prosecution has tendered all evidence, they will close their case.

This is a stage known as 'PRIMA FACIE'.

3. PRIMA FACIE

Prima Facie is a stage where I like to refer as the 'Take a Breather' stage.

Both the prosecution and the defense will be tasked to submit on the evidence that has been tendered by the prosecution thus far.

In essence, this means that the prosecution will submit that they have satisfied both, factual and legal "ingredients" of the section(s) that the OKT is being charged with; and the defense will submit otherwise.

The Court is now tasked to conduct maximum evaluation of the evidence presented before the Court and make a finding; i.e. if a Prima Facie case has been made out. The "golden rule" applied when making such a ruling is for the Judge to ask his/her own self:-

"IF I ASK THE ACCUSE TO ENTER HIS DEFENCE AND IF HE ELECTS TO REMAIN SILENT, AM I READY TO CONVICT HIM?"

If the answer to the above is "NO", then no Prima Facie case is established; the accused will be set free.

However, if the answer is "YES", the accused will be asked to enter his/her defense.

In a nutshell, the Prima Facie stage is a means for the Court to address its mind on the evidence adduced by the prosecution in totality and to make a decision if such evidence and witness(es)' testimonies have established a probable charge against the accused.

It must be noted that, although Prima Facie is established, it does not mean that the accused is guilty of the charge; it only directs the Court to hear the accused's defense.

4. DEFENSE STAGE

When an accused is asked to enter his/her defense, the accused is given 3 options.

The accused may elect to give evidence from the witness stand (to which he can then be cross-examined by the prosecution); the accused can give evidence from the dock (to which there will not be any cross-examination); or the accused may simply elect to remain silent.

Each of these options has its own legal effect and the election of these options are best done with your lawyer's advice who will be able to advise you based on your best interest.

On an educational note, each of these options come with its own consequences. These consequences are not on the presumption of guilt, but it will be on the weight that will be attached on the testimony of the accused.

Once the accused and all other relevant witness(es) have given evidence in favor of the accused's defense, the accused will close the accused's case.

This is where once again, parties will be asked to submit to Court on the totality of evidence made available before Court.

Once this is done, the Court will evaluate on a "beyond reasonable doubt basis", the guilt of the accused. If Court is satisfied, then the accused will be found guilty of the charge and the accused will be sentenced (in accordance to the provisions of the section that the accused is convicted with).

5. APPEAL

Either party; being dissatisfied with the decision of the Court can file an appeal. The characteristics of an appeal and its limitations shall be discussed in separate article.

CONCLUSION

The above is the general procedure that takes place in a standard criminal proceeding before the Malaysian Courts.

Indeed, there are matters that do not fall within such standard procedures, such as proceedings in relation to Habeas Corpus, revision, appeal, etc.

Also, not forgetting that this article has been simplified for the general public to understand the criminal proceedings system in general. There are many ways this can change, and it is the author's belief, in order to protects one's best interest, the appointment of a legally qualified practitioner is paramount.