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 Statute of Limitation for Crime, Any lawyers can confirm

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TSRobUlstan
post Jun 21 2019, 04:30 PM, updated 7y ago

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My friend and I were discussing statute of limitation in Malaysia. Basically he believes there are statute of limitation for crimes such as corruption while I don't think so and statute of limitation is only for civil dispute.

Anybody can confirm either of the above? If can, if possible, please also link the relevant statute/law on this.

Thank you.
prophetjul
post Jun 21 2019, 04:38 PM

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A civil claim would be subject to the statute of limitations. In Peninsular Malaysia, the limitation period is six years, and in Sabah and Sarawak, one year. However, where the proceedings are of a criminal nature, no such limitation period would be relevant.

www.malaysianbar.org.my/members_opinions.../bhag_singh_criminal_offence.html
TSRobUlstan
post Jun 21 2019, 04:40 PM

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QUOTE(prophetjul @ Jun 21 2019, 04:38 PM)
Jul 29, 2008

A civil claim would be subject to the statute of limitations. In Peninsular Malaysia, the limitation period is six years, and in Sabah and Sarawak, one year. However, where the proceedings are of a criminal nature, no such limitation period would be relevant.

www.malaysianbar.org.my/members_opinions.../bhag_singh_criminal_offence.html
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Yeah I saw this when I googled. But that link cannot open without login ID for Bar Council and the statement does not really tell which law/statute states there are no time limitation for criminal cases.

Thank you though for the assistance.
Druggy8989
post Jun 21 2019, 04:45 PM

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Depends on the crime - for cases such as fraud, it commences once the crime is discovered. SoL starts once the fraud is discovered, the time starts to count - see Section 29 of the Limitation Act. Don't think there''s a limitation of action for murder though - can't recall the section though.

Other legislations however, such as the Income Tax Act have their own limitation of Actions - there is no time bar for cases of fraud and negligence.

This post has been edited by Druggy8989: Jun 21 2019, 04:45 PM
MICKEYB
post Jun 21 2019, 04:46 PM

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It all comes unde the Limitation Act 1953

This post has been edited by Mickey B: Jun 21 2019, 04:47 PM


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