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The Criminal Litigation system in Kuala Lumpur, the capital city of Malaysia, is characterized by a constitutional framework that upholds several key principles: the presumption of innocence, the right to a fair trial, and equality before the law. It falls under the purview of Malaysia's federal jurisdiction, meaning it's governed by the nation-wide 'Penal Code' and the 'Criminal Procedure Code'. These laws define crimes, penalties, and set out procedures for criminal trials.
Any form of involvement in criminal legal proceedings can be daunting, complex and stressful. The penalties for criminal conviction can be harsh, often resulting in imprisonment, hefty fines or both. Cases range from theft, assault, fraud to more serious offences such as drug trafficking and murder. You may require the advice of a skillful criminal lawyer to understand the charges against you, identify appropriate legal defenses, navigate through court proceedings, negotiate plea bargains or represent you at trial.
In Kuala Lumpur, numerous laws govern criminal litigation. These include the Penal Code, which sets out the general principles of criminal responsibility and enumerates specific offences; and the Dangerous Drugs Act 1952, which punishes drug trafficking with mandatory death by hanging. Of recent interest is the Security Offences (Special Measures) Act 2012, which grants considerable power to the police in matters related to national security. Understanding these laws, their charges, consequences, and your rights can be challenging, thus seeking legal advice is often necessary.
If you are arrested, you have the right to be informed of the grounds of your arrest. You also have the right to consult a lawyer of your choice and the right to remain silent to avoid self-incrimination.
The official language of all Courts in Malaysia is Malay, but in practice, English is commonly used in the High Court and above. In any event, you should be provided with a court interpreter if necessary.
Bail is a sum of money that a defendant must pay to the court in order to be released from custody before trial. It serves as a guarantee that the defendant will appear in court when required. Not every defendant is entitled to bail, especially in cases involving serious offences where the punishment on conviction is death or imprisonment for life.
The police can detain you for up to 24 hours for investigation. Any extension beyond this period must be authorized by a Magistrate.
Before deciding to plead guilty, you should always consult a lawyer. While it may seem like a quick solution, a guilty plea has serious consequences, including a criminal record, potential incarceration, and fines.
Malaysia’s judiciary website and the Malaysian Bar's website are great resources for understanding the criminal legal system. Non-governmental Organizations such as 'Legal Aid Centre' (LAC) and the 'National Legal Aid Foundation' (YBGK) provide legal help to those in need.
If you need legal assistance in criminal litigation, you should first consult a legal professional who specializes in criminal law. Thoroughly research and choose a lawyer who has a track record of handling criminal litigation cases similar to yours. Remember to collate and document all pertinent details about your case to provide your lawyer with the necessary details to defend you effectively. It is important to stay informed and involved in your defense strategy.
