A Legislative Analysis of Malaysian Legal System on Search and Seizure Procedure of Digital Evidence

• Main Authors: Ayub, Zainal Amin, Labanieh, Mohamad Fateh, Abdul Wahab, Harlida
• Format: Conference or Workshop Item
• Language: English
• Published: 2024
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/31130/1/UUMILC%2015%202023%20259-270.pdf; https://repo.uum.edu.my/id/eprint/31130/; https://www.atlantis-press.com/proceedings/uumilc-23/125997157

Nowadays criminals use computers to commit various crimes both in the virtual and real world. These activities store digital evidence which can be used in criminal proceedings. The advancement has led to the searches and seizures of digital evidence. The legal framework of obtaining digital evidence needs to cope with the advancement of the digital era. Being a Commonwealth country inheriting a common law system, this article aims to assess the adequacy of the laws on searching a person’s property and confiscation of any digital evidence in Malaysia, with comparison to the laws in England and Wales. The article adopts the qualitative research design, analysing the legal system of Malaysia. It is found that the laws in Malaysia have not adequately been revised following the advancement in technology on search and seizure procedures in the digital era. The professionals are still pursuing to overcome cybercrime activities. On the contrary, the laws of England and Wales have been more comprehensive in this context. The existing laws should be amended according to the experience learnt from England and Wales. Future research can retest the research questions based on the legislative analysis of the Malaysian legal system on the search & seizure procedure of digital evidence