The importance of making the accused understand the nature and consequences of pleading guilty
The purpose of the charge in a criminal trial proceeding is to give to the accused person sufficient information of the allegation to his level best. Having said that, having the charge alone is not enough; the court is required to have it explained to the accused and to make sure that the accused u...
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| Format: | Article |
| Language: | English |
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UKM Press
2005
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| Online Access: | http://irep.iium.edu.my/8615/1/2005_-_The_importance_of_making_the_accused_understand_the_nature_and_consequences_of_pleading_guilty.pdf |
| _version_ | 1825645039888367616 |
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| author | Kamarudin, Abdul Rani |
| author_facet | Kamarudin, Abdul Rani |
| author_sort | Kamarudin, Abdul Rani |
| collection | IIUM |
| description | The purpose of the charge in a criminal trial proceeding is to give to the accused person sufficient information of the allegation to his level best. Having said that, having the charge alone is not enough; the court is required to have it explained to the accused and to make sure that the accused understands it the way it should be legally understood. Not only that, an accused must be made aware too by the court the nature and consequences of entering a plea of guilt or claiming trial. How are these explanations to be done? This paper attemps to clarify the matter in the light of the provision in the Malaysian Criminal Procedure Code (hereinafter referred to as the 'Criminal Procedure Code' or the 'CPC', the Syariah Criminal Procedure (State of Selangor) Enactment 2003 (hereinafter referred to as the 'Selangor Criminal Procedure' or the 'SCP') and decided cases. |
| first_indexed | 2024-03-05T22:41:45Z |
| format | Article |
| id | oai:generic.eprints.org:8615 |
| institution | International Islamic University Malaysia |
| language | English |
| last_indexed | 2024-03-05T22:41:45Z |
| publishDate | 2005 |
| publisher | UKM Press |
| record_format | dspace |
| spelling | oai:generic.eprints.org:86152023-12-13T07:06:00Z http://irep.iium.edu.my/8615/ The importance of making the accused understand the nature and consequences of pleading guilty Kamarudin, Abdul Rani K Law (General) The purpose of the charge in a criminal trial proceeding is to give to the accused person sufficient information of the allegation to his level best. Having said that, having the charge alone is not enough; the court is required to have it explained to the accused and to make sure that the accused understands it the way it should be legally understood. Not only that, an accused must be made aware too by the court the nature and consequences of entering a plea of guilt or claiming trial. How are these explanations to be done? This paper attemps to clarify the matter in the light of the provision in the Malaysian Criminal Procedure Code (hereinafter referred to as the 'Criminal Procedure Code' or the 'CPC', the Syariah Criminal Procedure (State of Selangor) Enactment 2003 (hereinafter referred to as the 'Selangor Criminal Procedure' or the 'SCP') and decided cases. UKM Press 2005 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8615/1/2005_-_The_importance_of_making_the_accused_understand_the_nature_and_consequences_of_pleading_guilty.pdf Kamarudin, Abdul Rani (2005) The importance of making the accused understand the nature and consequences of pleading guilty. Jurnal Undang-undang dan Masyarakat, 9. pp. 33-45. ISSN 1394-7729 http://www.ukm.my/~penerbit/juum.html |
| spellingShingle | K Law (General) Kamarudin, Abdul Rani The importance of making the accused understand the nature and consequences of pleading guilty |
| title | The importance of making the accused understand the nature and consequences of pleading guilty |
| title_full | The importance of making the accused understand the nature and consequences of pleading guilty |
| title_fullStr | The importance of making the accused understand the nature and consequences of pleading guilty |
| title_full_unstemmed | The importance of making the accused understand the nature and consequences of pleading guilty |
| title_short | The importance of making the accused understand the nature and consequences of pleading guilty |
| title_sort | importance of making the accused understand the nature and consequences of pleading guilty |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/8615/1/2005_-_The_importance_of_making_the_accused_understand_the_nature_and_consequences_of_pleading_guilty.pdf |
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