Taking down of evidence by handwriting in a criminal proceeding under the Malaysian Criminal Procedure Code (CPC), and the Syariah Criminal Procedure (state of Selangor) Enactment 2003; is it a mandatory?
The essence of criminal justice is to see that justice is seen to be done or to seek the manifest truth. Once justice has been substantially seen to be done, the question that an accused has been prejudiced or for that matter, the prosecution have been put to disadvantage does not arise. In this res...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Malayan Law Journal Sdn Bhd
2005
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/8635/ http://irep.iium.edu.my/8635/ http://irep.iium.edu.my/8635/1/2005_-_Taking_down_of_evidence_by_handwriting_in_a_criminal_proceeding_under_the_Malaysian_Criminal_Procedure_Code_%28CPC%29_%2C.pdf |
| Summary: | The essence of criminal justice is to see that justice is seen to be done or to seek the manifest truth. Once justice has been substantially seen to be done, the question that an accused has been prejudiced or for that matter, the prosecution have been put to disadvantage does not arise. In this respect, the chief purpose of procedural law is to lay down the rules that criminal justice officials must follow: That persons must be tired not by arbitrary procedures but in accordance to the process outlined in the law is the basic principle of procedural law.
It is a procedural requirement that evidence must be taken down subject to the law of evidence in that generally the evidence sought to be adduced is relevant, is the best evidence, and is not hearsay. Whether at the close of the case for the prosecution or at the conclusion of the trial, the Magistrate or the Judge must inevitably come to a decision on the evidence of the case in question. Therefore the importance of recording the evidence in a form that is intelligible, safe and readily extractable is paramount. Accordingly, the meat of the argument in this article whether Magistrates and Judges should be tied to using their own handwriting when taking down the evidence or be free to choose other modes in addition or in lieu of handwriting. |
|---|