Understanding the court procedures for civil and criminal cases in Malaysia is important to protect your legal rights and ensure that you have a smooth process.
In this article, we will explain the structure of Malaysian courts, the types of cases and the procedures in Malaysian courts.
Malaysian Courts and Court Structure
There are different types of Malaysian courts in our country. Each court has different powers and jurisdiction.
In addition, there are different levels of Malaysian courts: trial courts and appeal courts. Trial courts hear and decide cases. They include, starting from the bottom: Magistrates' Courts, Sessions Courts and the High Courts of Malaysia, namely:
Magistrates' Courts
Hear civil cases where the claim does not exceed RM 100,000, while Sessions Courts generally hear civil cases where the claim is more than RM 100,000 but less than RM 1,000,000.
High Courts
Usually hear civil cases where the total claim is at least RM1,000,000, and hear appeals from the Magistrates' Courts and Sessions Courts.
The appeal courts include the Court of Appeal and the Federal Court. These courts only hear appeals, not trial cases. The Court of Appeal hears appeals from the High Court, and the Federal Court hears appeals from the Court of Appeal.
The laws governing court procedure are different for trial courts and courts of appeal. The Rules of Court 2012 and the Subordinate Courts Act 1948 govern proceedings in the trial court, while the Courts of Judicature Act 1964 govern court proceedings in the High Court and Court of Appeal.
Generally, court proceedings depend on whether it is a civil or criminal case, as the procedures are different.
Civil Cases
A civil case is a legal dispute between two or more parties. This occurs when one party (called the plaintiff) claims that the plaintiff's legal rights have been lost or harmed by the actions or inaction of another party (called the defendant).
The plaintiff seeks legal relief from the defendant through a court process or mediation, usually in the form of damages. This process is called a civil claim. An example is debt collection, where the creditor demands repayment from the debtor.
Criminal Cases
On the other hand, a criminal case occurs when a crime is committed and the accused is charged in a court of law. An example of a more serious violation of the law is criminal breach of trust. This is a criminal offence under Section 420 of the Malaysian Penal Code.
The litigation process is different for either a civil case or a criminal case, as explained further below.
Civil Litigation in Malaysia
The civil litigation process involves several stages which are explained below:
Step 1: Preparation
Prior to Malaysian court proceedings, it is recommended that an identity check be carried out on the other party of the potential defendant to obtain the name and identity card number. This is to ensure that the plaintiff obtains the defendant’s identity correctly and sues the correct person.
To recoVer a debt, the creditor can send a letter of demand to the debtor demanding payment of the debt. If the debtor fails to repay the debt within the period specified by the creditor, the creditor can apply to the court to sue the other party and require the other debtor to repay the debt.
Before the plaintiff applies to the court to initiate legal action against the other party, he or she must also provide the relevant information and documents according to the case.
Step 2: File court documents and serve them on the other party
The plaintiff must file court documents with the court. Written documents include a writ of summons, an originating summons, and a statement of claim also known as a ‘court summons letter’. These documents state the plaintiff’s claim and the relief sought.
Step 3: Defendant’s Response
After the plaintiff serves the court documents on the other party, the defendant must submit written court documents to the court as a response within the time limit. This file includes a ‘Statement of Defense’ and an ‘Affidavit in Reply’. If the defendant wishes to make a claim against the plaintiff, a ‘Counterclaim’ can be added.
If the other defendant does not respond within the time limit, the plaintiff can apply to the court for a court order, a ‘Judgment in Defaukt'. A default judgment is a court order obtained without contesting the matter. If the defendant files an answer, the case will proceed to trial.
Step 4: Trial
If the parties are unable to reach a settlement, the court will set a trial date. At the trial, both the plaintiff and the defendant must appear in court with witnesses. At the trial, both parties must produce documents and evidence.
Step 5: Decision
After hearing the evidence and testimony from both parties and their witnesses, the court will make such order as it deems best in the interests of justice.
The judge/magistrate will pronounce sentence and make an order. The order may include allowing the plaintiff or defendant’s claim or denying the plaintiff’s claim. In addition, it may order the other party to pay damages and court costs. In debt recovery, the debtor may be ordered to pay the debt to the creditor’s account.
Criminal Case Procedure
On the other hand, criminal proceedings are slightly different from civil proceedings in Malaysia and are conducted under the Criminal Procedure Code. The stages of the procedure are usually as follows:
Pre-trial proceedings
The police will launch an investigation after receiving a report of a crime committed by a suspect. When investigating a crime, the police may arrest the suspect and detain him. Once the investigation is complete, the police will send the investigation file to the public prosecutor. The public prosecutor has the power to decide whether to bring charges against the defendant.
Court proceedings
If the prosecutor decides to charge the suspect with a crime, criminal legal action will begin, followed by court proceedings.
The accused will be charged in court. At the same time, the defendant can apply to the court for bail. The surety is usually a family member of the defendant. Regarding the question of "how much bail is in Malaysia", bail for each case is different and the amount usually depends on the severity of the crime.
After that, the court will set a trial date. The prosecutor and the defendant will attend the trial and present evidence. After the trial, the judge/magistrate will declare the defendant guilty or not guilty.
If the accused is found guilty, the court may, by court order, impose a prison sentence, caning or a fine. If either party is dissatisfied with the decision, they can appeal to a higher court.
Hiring a Lawyer for Malaysian Court Proceedings
It is recommended to hire a lawyer to assist you with the Malaysian court process. Here are some of the things they can help you with:
Prepare litigation documents and present evidence in court
They can provide legal advice on gathering evidence, preparing documents for the lawsuit and presenting evidence on behalf of the client in court. They can also provide legal advice on how best to handle and manage the case.
Negotiation and settlement
They can provide legal advice on whether to negotiate a settlement with the other party, whether to accept the settlement, etc.
Conclusion
This legal article explains the structure of the Malaysian courts and the legal procedures in Malaysia. With this basic knowledge of Malaysian law, you can handle civil legal actions and understand criminal procedures better.
If you are looking for a professional lawyer who provides legal services to assist you with Malaysian court proceedings, you can contact us.
Frequently Asked Questions
1. How much is a lawyer's fee?
Lawyer's fees usually depend on the complexity of the case and the time it takes to complete the work. The more complex the matter or the longer the work takes, the higher the fee.
