THEORETICAL

FOUNDATION –
CRIME
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM
BBLE 3043
BY MISS AMALINA
 Introduction
• The fundamental principle underlying the criminal justice system
in Malaysia is that an accused person is innocent until proven
guilty. Consonant with this principle, the criminal justice system
of Malaysia provides various safeguards to protect accused
persons.
• Some legislations, like the Dangerous Drugs Act and the Anti
Corruption Act, contains certain statutory presumptions that can
be invoked against the accused. Thus, when a person is charged
for an offence under these laws, the burden is shifted on to the
accused to rebut the presumptions.
• The criminal justice system in Malaysia also ensures that a
person who is guilty of an offence is punished in accordance
with the law. It is also in the public interest that the police force
maintains law and order in the country.
• The duty to investigate an offence is with the police, and the
duty to decide whether a person ought to be charged lies with the
Attorney-General, who is also the Public Prosecutor. Lawyers
bears the duty to defend an accused person and the court
adjudicates.
Definition of Crime
•In legal phraseology crime means any act which the law of the country visits with punishment, and
in this sense, it is synonymous with the word “offence”. In fact, the Malaysian Penal Code uses the
term “offence” rather than crime.
•A crime or offence is an illegal act, omission or event,
•Whether it is also a tort, breach of contract or a breach of trust, the principal consequence of which
is that the offender,
•If he is detected and it is decided to prosecute, is prosecuted by or in the name of the state and
•If he is found guilty is liable to be punished whether he is also ordered to compensate his victim.
•However, every crime has its own definition. For example, the definition of murder (S.300 of
Penal Code) is different from the definition of rape (S. 375 of Penal Code) or cheating (S. 415
of Penal Code).
•A wrong is breach of a rule, it may be moral or legal according to whether the rule is one of
morality or law.
CHARACTERISTIC OF CRIME
1. A crime is a wrongful act which determine by the parliament, and it must be codified. The main
statute is the Penal code ,crime is provided in penal code and crime also being prescribed by
any other statutes.
2. The violation/ commission of such wrongful act which lead to criminal action taken against the
accused- the wrongful act lead to a criminal proceeding
3. The action is taken by the prosecuting officer acted on behalf of the state.- difference between
civil and criminal cases.
4. Once initiated only the state has the right to withdraw the case. Cases- muna bt ali- amended to
an attempt to cause miscarriage
POSITION OF CRIME UNDER THE PENAL CODE

• The term used is offence instead of crime. An offence is an act that is made
punishable by the penal code, . The wrongful act must be punishable.
• Section 40(1) of the penal code: the word “offence” means a thing made
punishable by this Code.
• Section 40(2)- the word “offence” means a thing punishable under this Code or
under any other law for the time being in force.
• Mala in se- pure crime e.g - murder- prescribed in section 300 - section 302 made
murder as an offence.
• Quasi crime- partial crime
Standard of Proof
• The standard of proof required in criminal matters is that the
case must be proved ‘beyond reasonable doubt’.
• A person charged with a crime is presumed innocent until proven
guilty.
• The burden or onus of proving guilt is one the prosecution
(Public Prosecutor representing the Government).
• The prosecution has to establish beyond a reasonable doubt that
the accused did what he has been charged with or be acquitted.
• This can be contrasted with the lower standard of proof required
in civil cases, such as breach of contract or negligence.
• Here the plaintiff only has to establish on a balance of
probabilities that the defendant has a case to answer to be
successful.
Categories of Crime
• Crimes are classified according to the nature, damage or harm they cause. There are three
fundamental categories of crimes:

• Offences against a person – they include crimes directed against the health,
safety, privacy and welfare of people. These crimes infringe a person’s most basic
right of personal safety and privacy. Such crimes usually result in the greatest
penalty. Such offences are murder, assault, rape and actual bodily harm.
• Offences against property – these offences are directed against property owned
by persons or organization. Such crimes deny owners of the property, the right to
own and use their property by causing damage or loss to owners. Examples of
offences are robbery, larceny and forgery.
• Offences against public order – this category can be identified as offences against
public order which threaten and disturb the standard of living of the public. Such
offences include traffic offences, street offences, immoral offences and drug
offences.

Major v Minor
Major crime- main offence- the more
severe crime law will provide higher
degree of mens
rea( mental element) required
Minor crime – minor offences- not
severe crime- elements not severe
TYPES OF CRIME
Full v Partial
Full crime- refers to a mala in se or pure crime, an
act that has been a crime since time in memorial
Partial crime- quasi crime-mala prohibit- originally
permissible act, but the law made such act as a
wrongful act is punishable by the law because of
public morality, public safety, public health
Strict liability offence - e.g driving without a
license( partial crime) smoking- permissible, for the
purpose of public health, smoking in public is an
offence
Conduct v Result
Conduct crime
actus non facit reum nisi mens sit rea- an act is not an
offence unless it is companied with a blameworthy mind.
conduct crime- the actus reus is only the act. No need
for the act to have victim, prohibited result e.g over
speeding
section 378- theft- subject matter of theft section 375
rape- consent
-having a pre condition- s405- breach of trust-
exception is for strict liability offence- the act per se is
adequate, not necessary for the offender to have guilty
mind
quasi crime- the act alone is adequate
Result crime- the actus reus- consist an act and the act
must have prohibited result
MAIN DEFENCES IN CRIMINAL LAW
• Chapter IV of the Penal Code provides for several general exceptions to
criminal liability for a complete defense to a criminal charge. Thus, if the
accused person is successful in his defense, he would not be convicted for
criminal offence and subsequently he would be found not guilty.
• The main general defences are:
• automatism
• intoxication
• mistake
• insanity
• duress and necessity, and
• self defence, the defence of others and of property