A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]

This research was conducted to examine the weaknesses in the criminal trial process under the adversarial system in Malaysia. In particular, the failure to provide for a fair and speedy trial in the criminal trial has been discovered throughout the research. The weakness of the criminal trial proces...

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Main Authors: Zainudin, Nurliyana, Abdul Rahim, Nurhannan Qistina, Aris, Nur Athirah, Azani, Noor Syafiqah
Format: Student Project
Language:English
Published: Faculty of Law 2013
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/28223/
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author Zainudin, Nurliyana
Abdul Rahim, Nurhannan Qistina
Aris, Nur Athirah
Azani, Noor Syafiqah
author_facet Zainudin, Nurliyana
Abdul Rahim, Nurhannan Qistina
Aris, Nur Athirah
Azani, Noor Syafiqah
author_sort Zainudin, Nurliyana
building UiTM Institutional Repository
collection Online Access
description This research was conducted to examine the weaknesses in the criminal trial process under the adversarial system in Malaysia. In particular, the failure to provide for a fair and speedy trial in the criminal trial has been discovered throughout the research. The weakness of the criminal trial process as mentioned above is insistence upon procedure and technical error, the judge inactive role either during pre-trial or trial process, lacking the competent judge in the judiciary, the practice of the general court and also the court's conventional system which mostly based on the manual system and involving papers and handwriting. The reformats had been made to the legislative and judicial practices, specifically the amendments to Criminal Procedure Code in 2006 and 2010 as well as the establishment of a 'special court' and new management system called E-court. Based on the present weaknesses of the criminal trial process under the adversarial systet:Jl in Malaysia, the study evaluates the effectiveness and efficacy of the changes introduced to the criminal trial process. It is the conclusion of this research that there are some advantages of the reforms to the criminal trial process. However, there are also disadvantages and limitation of the reformed criminal trial process. This is due to the lacking in the enforcement and implementation of the reforms. Even though there are still many issues pertaining to the efficiency of the criminal trial process, the reform to the system is applauded and should be continued to strive for betterment of the system.
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spelling uitm-282232020-02-11T07:35:34Z https://ir.uitm.edu.my/id/eprint/28223/ A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.] Zainudin, Nurliyana Abdul Rahim, Nurhannan Qistina Aris, Nur Athirah Azani, Noor Syafiqah Criminal law and procedure This research was conducted to examine the weaknesses in the criminal trial process under the adversarial system in Malaysia. In particular, the failure to provide for a fair and speedy trial in the criminal trial has been discovered throughout the research. The weakness of the criminal trial process as mentioned above is insistence upon procedure and technical error, the judge inactive role either during pre-trial or trial process, lacking the competent judge in the judiciary, the practice of the general court and also the court's conventional system which mostly based on the manual system and involving papers and handwriting. The reformats had been made to the legislative and judicial practices, specifically the amendments to Criminal Procedure Code in 2006 and 2010 as well as the establishment of a 'special court' and new management system called E-court. Based on the present weaknesses of the criminal trial process under the adversarial systet:Jl in Malaysia, the study evaluates the effectiveness and efficacy of the changes introduced to the criminal trial process. It is the conclusion of this research that there are some advantages of the reforms to the criminal trial process. However, there are also disadvantages and limitation of the reformed criminal trial process. This is due to the lacking in the enforcement and implementation of the reforms. Even though there are still many issues pertaining to the efficiency of the criminal trial process, the reform to the system is applauded and should be continued to strive for betterment of the system. Faculty of Law 2013 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/28223/1/28223.pdf Zainudin, Nurliyana and Abdul Rahim, Nurhannan Qistina and Aris, Nur Athirah and Azani, Noor Syafiqah (2013) A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]. (2013) [Student Project] (Unpublished)
spellingShingle Criminal law and procedure
Zainudin, Nurliyana
Abdul Rahim, Nurhannan Qistina
Aris, Nur Athirah
Azani, Noor Syafiqah
A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]
title A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]
title_full A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]
title_fullStr A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]
title_full_unstemmed A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]
title_short A legal study of the criminal trial process under the adversarial system in Malaysia / Nurliyana Zainudin…[et al.]
title_sort legal study of the criminal trial process under the adversarial system in malaysia / nurliyana zainudin…[et al.]
topic Criminal law and procedure
url https://ir.uitm.edu.my/id/eprint/28223/