An inquest in Malaysia cannot directly result in a charge being framed against an accused person. An inquest is a fact-finding inquiry, not a criminal trial. Its purpose is to determine the cause and circumstances of a sudden, unnatural, or suspicious death, and whether any person was criminally involved.
Key Points About Inquests:
Not a Criminal Trial: An inquest is an inquisitorial process, meaning it's an investigation, not an adversarial one where a prosecutor seeks to convict a defendant. There is no defendant, and no one is on trial.
Focus on Facts: The Coroner's Court, presided over by a Sessions Court Judge acting as a coroner, aims to answer five key questions: when, where, how, and in what manner the deceased died, and if there was any criminal involvement.
Verdict, Not Conviction: The coroner's conclusion is called a verdict, not a conviction. The possible verdicts include homicide, suicide, death by misadventure, natural causes, or an open verdict (if the cause is unclear). The verdict cannot explicitly determine criminal or civil liability on the part of a named person.
How an Inquest Can Lead to Criminal Charges
While an inquest can't directly frame a charge, its findings can be crucial for the criminal justice process. If the coroner's verdict indicates a possible criminal element (e.g., a verdict of "homicide" or "death due to injuries inflicted unlawfully"), it serves as a vital guide for the Public Prosecutor. The Public Prosecutor can then direct the police to conduct further investigations and, based on the evidence gathered, decide whether to initiate or pursue criminal prosecution and frame charges against an individual.
In Malaysia, inquests are a judicial inquiry into the cause of a death that is sudden, unnatural, or suspicious. These proceedings are governed by the Criminal Procedure Code (CPC). The costs for witnesses and experts in an inquest are typically borne by the state, not the deceased's family or other private parties.
How it works:
Coroner's Role:
The inquest is presided over by a Coroner, who is typically a Sessions Court judge. The Coroner's main duty is to determine when, where, how, and in what manner the deceased came by their death.
Witnesses and Experts:
The Coroner may summon witnesses and expert witnesses to provide testimony and reports. This includes government medical officers, forensic pathologists, police officers, and other individuals who have relevant information.
Government-Appointed Experts:
For experts such as forensic pathologists who conduct autopsies and provide reports, their services are considered part of the official investigation. The cost is covered by the relevant government department, such as the Ministry of Health or the police force.
Interested Parties:
While the state bears the cost of witnesses and experts called by the Coroner, interested parties, such as the deceased's family, can be represented by a lawyer. However, they are responsible for their own legal fees and the costs of any private experts they choose to hire to assist their case. The Coroner's Court generally does not award costs to these interested parties.
In summary, the principle in Malaysia is that the inquest is a state-led inquiry. Therefore, the expenses for the official proceedings, including the costs of witnesses and experts summoned by the Coroner, are paid for by the government.
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