The common law privilege against self-incrimination: has it been abolished in Malaysia?

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 i...

Full description

Bibliographic Details
Main Authors:	Kamarudin, Abdul Rani, Mohd Akram, Shair Mohamad
Format:	Article
Language:	English
Published:	Zesdyzar Rokman Resources 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/51054/ http://irep.iium.edu.my/51054/ http://irep.iium.edu.my/51054/5/Klibel9-PrivilegeJournal.pdf

id	iium-51054
recordtype	eprints
spelling	iium-510542017-04-19T05:59:53Z http://irep.iium.edu.my/51054/ The common law privilege against self-incrimination: has it been abolished in Malaysia? Kamarudin, Abdul Rani Mohd Akram, Shair Mohamad 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. Zesdyzar Rokman Resources 2016-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/51054/5/Klibel9-PrivilegeJournal.pdf Kamarudin, Abdul Rani and Mohd Akram, Shair Mohamad (2016) The common law privilege against self-incrimination: has it been abolished in Malaysia? International Journal of Business, Economics and Law, 9 (4). pp. 38-42. ISSN 2289-1552 http://ijbel.com/wp-content/uploads/2016/05/K9_47.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Kamarudin, Abdul Rani Mohd Akram, Shair Mohamad The common law privilege against self-incrimination: has it been abolished in Malaysia?
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.
format	Article
author	Kamarudin, Abdul Rani Mohd Akram, Shair Mohamad
author_facet	Kamarudin, Abdul Rani Mohd Akram, Shair Mohamad
author_sort	Kamarudin, Abdul Rani
title	The common law privilege against self-incrimination: has it been abolished in Malaysia?
title_short	The common law privilege against self-incrimination: has it been abolished in Malaysia?
title_full	The common law privilege against self-incrimination: has it been abolished in Malaysia?
title_fullStr	The common law privilege against self-incrimination: has it been abolished in Malaysia?
title_full_unstemmed	The common law privilege against self-incrimination: has it been abolished in Malaysia?
title_sort	common law privilege against self-incrimination: has it been abolished in malaysia?
publisher	Zesdyzar Rokman Resources
publishDate	2016
url	http://irep.iium.edu.my/51054/ http://irep.iium.edu.my/51054/ http://irep.iium.edu.my/51054/5/Klibel9-PrivilegeJournal.pdf
first_indexed	2023-09-18T21:12:13Z
last_indexed	2023-09-18T21:12:13Z
_version_	1777411328511574016

The common law privilege against self-incrimination: has it been abolished in Malaysia?

Similar Items