DPI 1213:

INTRODUCTION TO CRIMINAL LAW

PREPARED BY:
FADHILAH BINTI MD FAZIL
 CHAPTER 1: INTRODUCTION TO CRIMINAL LAW
In this chapter, students will learn:

Criminal Law in Malaysia and Singapore

Understanding crime
▪ An act
▪ Omission

FUNCTION OF PUNISHMENT
▪ Retribution
▪ Deterrence
▪ Incapacitation
▪ Rehabilitation
 CRIMINAL LAW IN MALAYSIA AND SINGAPORE
• Criminal law in Malaysia is covered under Penal Code Act 574
• Generally both country re-enacted and adopted from Indian Penal Code

Historical Development
▪ Initially Malaysia Penal Code was based on Indian Penal Code (1860) which is written by Lord
Macaulay. It is started with of Strait Settlement Penal Code come into force on 16 th September
1872.
▪ This Penal Code had been amended several times and will keep amending time by time.

Limitation
▪ Criminal law is generally different from other laws. There is no time limit for any criminal case. In
Latin term “nullum tempus occurit regi” which mean no time limit upon government action.
 CRIMINAL LAW V. OTHER LAWS
▪ Criminal case different with other law: Law of contract, Family law
and etc….
▪ Criminal law is a law related nation/country and individual. Cases
under criminal law will be prosecute by Public Prosecutor (represent
our country) against accused person. The case in criminal law will
be cited as PP v Ahmad
▪ In England the case cited R (Rex/Regina-King/Queen of England) v
John – R v John
 OMISSION
▪ Illegal act, omission or event: If the criminal is found guilty is liable to be
punished whether or not he is also ordered to compensate his victim.
▪ Crime is a legal wrong followed by criminal proceedings and resulting in
sanction.
▪ Crime has always been regarded by the courts as a moral wrong and conduct
demanding retribution. In criminal law, it often mention the words “CRIME” and
“OFFENCE”.
▪ In actual fact, each crime is an offence that is committed by commission or
omission, wherefore such act has infringed the law. Hence all crimes are
offences. Therefore crime is any act or omission (failure to fulfil moral or legal
obligation) that violates a law which results in punishment.
 OMISSION
Omission: A failure to act which will not give rise to any liability unless there’s law
imposed on the defendant to act and he had failed to carry out the duty.
▪ Eg: A police officer may have a duty to act and prevent assault and if he fails to
act, he will be liable to be punished under the law.

Punishments can range from the payment of a fine to imprisonment.

▪ Eg: Parking in a two-hour parking zone for three hours is a crime and the
punishment usually involves an individual paying a fine.
▪ Eg: Robbing someone at gun point is a much more serious crime and this can
result in a prison sentence.
 STAGES CRIME

Preparatio
Intention Attempt
n
 STAGES CRIME
1) Intention: The guilty intention of a person against another person, as it helps a person to design
and commit the particular offence. Offender decide course or direction towards the offence.
Law however cannot punish the person just for having an intention to do any illegal act. This
mental stage very difficult to judge thus having an intention will not constitute illegal act.
2) Preparation: The device or arrangement of the means or measures necessary to complete the
offence. This 2nd stage not enough to constitute a crime. It is not punishable because it is
difficult for prosecution to prove preparation towards particular crime
3) Attempt: The term ‘attempt’ means direct movement toward the commission of the crime after
the preparations are made. It is very important that there must be an attempt to commit a
crime because it helps the judge of a court to convict the offender. It is more than simply
preparatory stage, attempt can be charge under the law.
 FUNCTIONS OF PUNISHMENT

▪ In criminal law, any penalty, suffering, or confinement (imprisonment) inflicted

upon a person by the authority of the law and the judgement and sentence of a
court, for some crime or offence committed by the criminal or for his omission
of a duty enjoined by law.
▪ In simple terms, an individual who break the law will be punished.
▪ Criminal penalties range from a small fine or community service to death
penalty.
▪ Once someone is found guilty of a crime, punishment is imposed on them.
▪ There are several reasons for punishing lawbreakers and the reasons vary with
each crime but each punishment has a purpose.
 Retribution

Types of
Rehabilitation Punishme Deterrence

nt

Incapacitatio
n
 RETRIBUTION / REVENGE
▪ Crime is considered an act that not only injures the specific victim, but also
harms the society.
▪ Person’s harmful acts may outrage the society as a whole.
▪ Therefore, this gives rise to a desire of revenge and punishing the criminal tends
to satisfy that need.
▪ Having a person punished by society provides some measure of revenge for the
specific victim of the act.
▪ If the society provides and adequate punishment, the need for an individual to
seek revenge personally is diminished and they would seek retribution through
law enforcement.
▪ Eg: Death Penalty
 DETERRENCE / PUBLIC EDUCATION
▪ Imposing a penalty for a criminal act is also intended to deter that person from
repeating the act.
▪ If the penalty is significant enough, the lawbreaker will think twice before doing
it again.
▪ When the penalties are well-known for a particular crime, it is expected that
others who might contemplate the crime would be deterred from engaging in
the prohibited activity.
▪ In the course of human history the deterrence aspect of criminal punishment
has had gruesome chapters, including public executions and leaving corpses of
the crucified to hang upon the cross.
▪ Eg: Speed Trap
 INCAPACITATION
▪ Jail or prison terms generally lengthen with the seriousness of the
crime.
▪ The longer a person is in custody, the less opportunity that person
has to commit new crimes.
▪ This is one reason for laws known as “three strikes” imposing long
prison terms or even life sentences on individuals with multiple
convictions.
▪ Eg: Imprisonment
 REHABILITATION
▪ There is also a value that every human life has meaning and worth. A belief exists that a
spark of good is in everyone, even those who break society laws.
▪ With that thought in mind, places that were previously known as jail or prison have become
Department of Correction.
▪ Criminals who are imprisoned may evaluate their actions and reshape their behaviour.
▪ Often programs are offered to offenders to assist in dealing with certain problems.
▪ Eg: Participation in programs such as drug and alcohol counselling or domestic violence
education serves potentially to rehabilitate an individual.
▪ Basically this concept is to provide individuals with the means to improve their lives through
education, training and social skills.