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KICJ Research Reports

The Criminal Codes of Malaysia 사진
The Criminal Codes of Malaysia
  • LanguageKorean
  • Authors Junoh Jang, Seokjun Hong
  • ISBN978-89-7366-020-9
  • Date December 01, 2013
  • Hit161

Abstract

The Malaysian law is mainly based on the common law legal system where was a direct result of British colonization of Malaya, Sarawak, and North Borneo in between the early 19th century to 1960s. The Constitution of Malaysia established in the legal framework and rights of Malaysian citizens. Prior to the independence in 1957, Most of the laws of United Kingdom were adopted into local legislation or applied as case laws. The criminal law in Malaysia was based on the Indian criminal code.

Malaysia is located not only strategically in the heart of South East Asia but also remarkable economic growth with political stability and social harmony. Since Malaysia situates a leading role in promoting the cooperation within ASEAN and in East Asia region as a whole where influencing in the international community on the basis of its firm relations with other Islamic countries, nonaligned nations and British Commonwealth countries.

The laws of Malaysia can be divided into two types of laws-written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. This is known as the common law or case law. In situations where there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied. There are instances where Australian, Indian, and Singaporean cases are used as persuasive authorities.

Korea and Malaysia have been strengthening friendly and cooperative relationship since the establishment of diplomatic relations in 1960. Over the years, both countries have been witnessing sustained growth of investment and trade in various fields through concerted efforts of both countries. Both countries have forged deep and abiding ties through increasing people-to-people exchanges, with the number of exchanges reaching half a million recently.

I hope this Criminal Codes of the Malaysia become a useful in exploring various aspects of Malaysia criminal law and better understanding the adamant relationship between Korea and Malaysia.
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