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The importance of making the accused understand the nature and consequences of pleading guilty

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

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Abstract

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.

Item Type: Article (Journal)
Additional Information: 1590/8615
Uncontrolled Keywords: accused person, court
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Nur Aqilah Norudin (PT)
Date Deposited: 20 Dec 2011 18:12
Last Modified: 20 Dec 2011 18:12
URI: http://irep.iium.edu.my/id/eprint/8615

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