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Sunday, 21 June 2009

SISTEM KEADILAN JENAYAH : KUASA PEGUAM NEGARA !


Nota : Kuliah lama PG yang ada dalam simpanan. Ia adalah juga catatan tambahan yang dibuat oleh seorang yang amat dedikasi di dalam kelas kami . Setinggi terima kaseh kepada Che Zaimani yang begitu rajin dalam membantu kami dahulu. Kepada semua pelayar blog ini, semuga dengan paparan ini, ianya akan memberi menafaat kepada semua dalam memahami secara ringkas mengenai Sistem keadilan Jenayah Di Malaysia. Tq


Sistem Keadilan Jenayah

Kuasa Peguam Negara



1. Community service (perkhidmatan masyarakat)hendak di perkenal di Malalysia sebagai sebahagian dari hukuman.

2. Tujuan asas SKJ adalah `the person is presume innocent until proven guilty`.

3. Peguam Negara mempunyai kuasa budibicara untuk menerus,manjalankan, menghentikan sebarang pendakwaan di Mahkamah. Artikel 145(3).

145. Attorney General

(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court or a court-martial.

4. Seseorang tidak boleh di hukum lebih dari peruntukan oleh undang-undang dan tidak boleh dituduh sekali lagi pada kesalahan sama apabila dibebas dan lepaskan mengikut artikel 7.

7. Protection against retrospective criminal laws and repeated trials
(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

5. Semua orang adalah sama disisi undang-undang dan mendapat perlindungan yang sama.

8. Equality
(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.


(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State.
(4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority.
(5) This Article does not invalidate or prohibit -
(a) any provision regulating personal law;
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion;
(c) any provision for the protection, well-being or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
(d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having jurisdiction only in that State or part, or for voting in such an election;
(e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;
(f) any provision restricting enlistment in the Malay Regiment to Malays.

5. Peguam Negara mempunyai kuasa sepenohnya mengawal pendakwaan di mahkamah.

376. Public Prosecutor
(1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code.
(2) The Solicitor-General shall have all powers of a Deputy Public Prosecutor and shall act as Public Prosecutor in case of the absence or inability to act of the Attorney General.
(3) The Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally and he may designate any of such Deputy Public Prosecutors as Senior Deputy Public Prosecutors.

6. Dalam sesetengah kes keizinan untuk mendakwa diperlukan dari peguam Negara.

129. Sanction required for prosecution for certain offences
(1) Except in the case of complaints laid by the Public Prosecutor no Court shall take cognisance-
(a) of any offence punishable under sections 172 to 188 of the Penal Code except with the previous sanction of the Public Prosecutor or on the complaint of the public servant concerned or of some public servant to whom he is subordinate;
(b) of any offence punishable under section 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 or 228 of the Penal Code except with the previous sanction of the Public Prosecutor or when the offence is committed in or in relation to any proceeding in any Court on the complaint of such Court;
(c) of any offence described in section 463 or punishable under section 471, 475 or 476 of the Penal Code except with the previous sanction of the Public Prosecutor, or when the offence has been committed by a party to any proceeding in Court in respect of a document given in evidence in the proceeding on the complaint of such Court.
(2) The provisions of subsection (1) with reference to the offences named therein apply also to the abetment of those offences and attempts to commit them.
(3) The sanction referred to in this section shall be in writing and may be expressed in general terms and need not name the accused person, but it shall so far as practicable specify the Court or other place in which and the occasion on which the offence was committed.
(4) When a sanction is given in respect of any offence referred to in this section the Court taking cognisance of the case may frame a charge of any other offence so referred to which is disclosed by the facts.
(5) No such sanction shall remain in force unless acted upon within one month from the date on which it was given.

7. Orang lain yang ingin menjalankan pendakwaan perlu mendapat keizinan mendakwa secara bertulis dari peguam Negara.

377. Conduct of prosecutions in Court
Every criminal prosecution before any Court and every inquiry before a Magistrate shall, subject to the following sections, be conducted-
(a) by the Public Prosecutor, a Senior Deputy Public Prosecutor, a Deputy Public Prosecutor or an Assistant Public Prosecutor;
[para(a) substituted by Act A1015]
(b) subject to the control and direction of the Public Prosecutor, by the following persons who are authorised in writing by the Public Prosecutor:
(1) an advocate;
(2) a police officer not below the rank of Inspector;
(3) an officer of any Government department;
(4) an officer of any local authority;
(5) an officer of any statutory authority or body; or
(6) any person employed or retained by any local authority or any statutory authority or body:
[para(b) substituted by Act A1015]


8. Provided that in any district in which it may be impracticable, without an unreasonable amount of delay or expense, that such prosecutions or inquiries should be so conducted it shall be lawful for the Public Prosecutor from time to time, by notification in the Gazette, to direct that prosecutions may be conducted in that district by a police officer below the rank of Inspector.

9. Magistrate hendaklah menghantar lapuran kepada peguam Negara sebelum menjalankan pemereksaan saksi-saksi kes yang tidak lazim ditangkap.

133. Examination of complainant
(1) When a Magistrate takes cognisance of an offence on a complaint-
(b) the Magistrate shall serve on the Public Prosecutor a notice in writing at least seven clear days before the date of the examination of the complainant and such notice shall specify the date of the examination of the complainant and the particulars of the complaint received by the Magistrate under section 128;

10. Peguam Negara boleh menghentikan pendakwaan pada mana-mana peringkat pendakwaan.

254. Public Prosecutor may decline to prosecute further at any stage
(1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.
[subs(1) amended by Act A908]
(2) At any stage of any trial before a Sessions Court or a Magistrates Court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the Court and, if so stayed, the accused shall be discharged of and from the same.
(3) Such discharge shall not amount to an acquittal unless the Court so directs.

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