Criminal Procedure Code - Chapter 2: Jurisdiction of Courts (CLP)

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  • Опубликовано: 27 июл 2021
  • Criminal Procedure Code - Chapter 2: Jurisdiction of Courts (CLP)
    In Malaysia, there are 5 different types of courts, each exercising different jurisdiction.
    In general, there are subordinate courts (ie, Magistrate Court and Sessions Court), and superior courts (High Court, Court of Appeal and Federal Court).
    On the other hand, we have 5 different jurisdictions, namely trial jurisdiction, sentencing jurisdiction, local jurisdiction, appellate jurisdiction, and inherent jurisdiction.
    (a) Trial Jurisdiction means matters that can be heard by a particular court;
    (b) Sentencing Jurisdiction means punishment that can be passed by a particular court;
    (c) Local Jurisdiction means the proximity between the place where a crime is committed, and the place where the case is being heard;
    (d) Appellate Jurisdiction means powers of a particular court to hear appeal cases;
    (e) Inherent Jurisdiction means powers inherently given to a particular court and these powers are not prescribed in any written law.
    It is worth to note that only the Magistrate Court, Sessions Court and the High Court have the trial, sentencing and local jurisdiction. Whereas, the High Court, the Court of Appeal and Federal Court have the appellate jurisdiction, and inherent jurisdiction.
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