X. Legal Framework of Crime in Malaysia
1.26
The research also includes primary study on legal framework of crime in
Malaysia and it is further discussed in Chapter 2. The legal summaries that are
deliberated in the subsequent chapter are as follows:
i. Constitution of Malaysia which ensures the right of an individual to be informed
of the reasons of his arrest as enshrined under Article 5(3) of Federal
Constitution;20
ii. Criminal Procedure Code21 discusses procedures on detaining a suspect as in
section 28,22 28A,23 including Special Proceedings24 to investigate a death, and
iii. Lock-up Rules 195325 allocates the procedures on detainees who are being
detained in lock-up.
XI. International Treaties
1.27
Malaysia as a State Member of United Nations upholds the spirits and hopes
pursued by the United Nations (UN) especially those which are enshrined in
Universal Declaration of Human Rights that emphasize the principles of human
rights, dignity and worth of the human person.26 At the same time, everyone has
the right to life, liberty and security of person,27 right to equal protection of the
law28 and everyone charged with a penal offence has the right to be presumed
innocent until proven guilty according to law in a public trial.29
20
Article 5. Liberty
(3) If a person is being detained, he has the right to be informed of the reasons of his arrest and to be legally
represented by a lawyer of his choice.
21
Act 593.
22
How person arrested is to be dealt with and detention for more than twenty-four hours.
23
Right of a person who is being arrested.
24
Chapter XXXII, Inquiries of Death, Criminal Procedure Code; Section 334-338.
25
L.N. 328/1953.
26
Preamble, Universal Declaration of Human Rights (UDHR).
27
Article 3 of Universal Declaration of Human Rights.
28
Article 7 of Universal Declaration of Human Rights.
29
Article 11 of Universal Declaration of Human Rights.
13