The rights of victims of crime under Malaysian law: legal framework and prospect for reforms

 

Author(s)Hussin, Nasimah
Title The rights of victims of crime under Malaysian law: legal framework and prospect for reforms
Source The International Journal of Interdisciplinary Social Sciences,2010, Vol 5, No 4, pp 35-43
Date 2010
Document type Journal article
Coverage Malaysia
Summary

This article examines the rights of victims of crime under Malaysian law, with reference to the key aspects of the UN Declaration of the Basic Principles of Justice for Victims of Crime and Abuse of Power. The status of crime victims is not expressly stated in the Malaysian Federal Constitution nor clearly defined in legislation. There is some specific provision for the rights of victims of domestic violence and child abuse. There are also provisions in the Criminal Procedure Code (CPC) which the Court can exercise to make orders for compensation to the victim but this provision is invoked sparingly and inconsistently. The author also notes that the CPC does not have any provision relating to assistance for emotional and psychological injury. A final conclusion is that it is recommended that if an offender is sentenced with a fines penalty the payment should go directly to the victim and not the government.

Keywords Victims rights; compensation; criminal justice; assistance; restitution
Topic Victims rights