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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Main Author: Kamarudin, Abdul Rani
Format: Article
Language:English
Published: 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
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spelling my.iium.irep.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
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Kamarudin, Abdul Rani
The importance of making the accused understand the nature and consequences of pleading guilty
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.
format Article
author Kamarudin, Abdul Rani
author_facet Kamarudin, Abdul Rani
author_sort Kamarudin, Abdul Rani
title 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_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_sort importance of making the accused understand the nature and consequences of pleading guilty
publisher UKM Press
publishDate 2005
url http://irep.iium.edu.my/8615/1/2005_-_The_importance_of_making_the_accused_understand_the_nature_and_consequences_of_pleading_guilty.pdf
http://irep.iium.edu.my/8615/
http://www.ukm.my/~penerbit/juum.html
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score 13.15806