The the common law privilege against self-incrimination: has it been abolished
It is an inveterate principle of the common law, adopted by common law jurisdictions that any person cannot be compelled to answer any questions that may incriminate himself. This privilege against answering self-incriminating questions can only be abrogated by statute, expressly or by necessary im...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
Zes Rokman Resources
2016
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/1/50390.pdf |
| _version_ | 1848783633945460736 |
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| author | Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani |
| author_facet | Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani |
| author_sort | Shair Mohamad, Mohd Akram |
| building | IIUM Repository |
| collection | Online Access |
| description | It is an inveterate principle of the common law, adopted by common law jurisdictions that any person cannot be compelled to answer any questions that may incriminate himself. This privilege against answering self-incriminating
questions can only be abrogated by statute, expressly or by necessary implication. Though, this privilege has been much
criticised as being obsolete, particularly in civil cases because it can prevent much relevant and strongly probative
evidence from being disclosed in litigation, nevertheless, it still has a hallowed place in criminal cases. However, recent judicial decisions in Malaysia have blatantly held that this privilege against self-incrimination has gone, though the section concerned does not expressly abrogated the privilege. The purpose of this paper is to argue that in Malaysia, the privilege has not been abrogated, but is still intact.
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| first_indexed | 2025-11-14T16:24:28Z |
| format | Proceeding Paper |
| id | iium-50390 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:24:28Z |
| publishDate | 2016 |
| publisher | Zes Rokman Resources |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-503902016-11-03T06:55:27Z http://irep.iium.edu.my/50390/ The the common law privilege against self-incrimination: has it been abolished Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani K Law (General) It is an inveterate principle of the common law, adopted by common law jurisdictions that any person cannot be compelled to answer any questions that may incriminate himself. This privilege against answering self-incriminating questions can only be abrogated by statute, expressly or by necessary implication. Though, this privilege has been much criticised as being obsolete, particularly in civil cases because it can prevent much relevant and strongly probative evidence from being disclosed in litigation, nevertheless, it still has a hallowed place in criminal cases. However, recent judicial decisions in Malaysia have blatantly held that this privilege against self-incrimination has gone, though the section concerned does not expressly abrogated the privilege. The purpose of this paper is to argue that in Malaysia, the privilege has not been abrogated, but is still intact. Zes Rokman Resources 2016 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/50390/1/50390.pdf Shair Mohamad, Mohd Akram and Kamarudin, Abdul Rani (2016) The the common law privilege against self-incrimination: has it been abolished. In: Kuala Lumpur International Business, Economics and Law Conference (KLIBEL 9), 16th-17th April 2016, Kuala Lumpur. http://klibel.com/proceeding/ |
| spellingShingle | K Law (General) Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani The the common law privilege against self-incrimination: has it been abolished |
| title | The the common law privilege against self-incrimination: has it been abolished |
| title_full | The the common law privilege against self-incrimination: has it been abolished |
| title_fullStr | The the common law privilege against self-incrimination: has it been abolished |
| title_full_unstemmed | The the common law privilege against self-incrimination: has it been abolished |
| title_short | The the common law privilege against self-incrimination: has it been abolished |
| title_sort | the common law privilege against self-incrimination: has it been abolished |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/1/50390.pdf |