The CRIMINAL is found guilty and convicted - and there is provision in law for the VICTIMS (be they victims of assault, rape, sexual harassment, murder, theft, etc...) to be compensated by the CONVICTED criminal - the Court can order the convicted to pay these VICTIMS some compensation - but it does not happen because the Public Prosecutor(Dusuki now) fails to apply to the Court... [and in many cases, the Victim may not even know that the perpetrator is being tried for the crimes - Law requiring Public Prosecutor to inform victims of the trial dates, etc...] must be there to make this CLEARER.
Zulfarhan Osman Zulkarnain, Kevin Morais, Altantuya,etc - Murder Victim Families deserve to be compensated by the CONVICTED perpetrator ... Rape Victims deserve to be compensated by Convicted perpetrators.. Victims of Theft, Macau Scam, Assault...
A Sessions Court here sentenced a teacher to 12 years’ jail and ordered him to be given three strokes of the cane for raping a teenage girl.(Malay Mail, 25/1/2025) - But why did the court not ORDER the convicted to pay the victims COMPENSATION...Did the Prosecutor NOT APPLY again?
Victim of CRIMES' rights in criminal cases should be RESPECTED, and this right includes the RIGHT to be compensated by the convicted accused, and also the ability to submit before sentences are determined and pronounced by Court.
COMPENSATION for Victims of Crime is only upon the application of the Public Prosecutor, as the law is now. Thus, if the Public Prosecutor fails to apply - then the Victim is denied the right and ability to receive this statutorily provided right. As the law stands now, the VICTIM cannot apply directly, and neither does it say that the Court on its own motion can decide on this compensation.
And, the problem is that often the PUBLIC PROSECUTOR fails to make this needed application for compensation for the VICTIMS - and this is unacceptable, and a violation of the RIGHT of a VICTIM. Often, we read about the sentence being imposed - imprisonment, whipping, FINE - but read of no order that the convicted pays the Victim(or his/her family) COMPENSATION.
Malaysia has the needed law to ensure that VICTIMS of Crimes are COMPENSATED by the convicted perpetrator - and there is even details of what the Courts should consider...and the procedure of computation of the compensations ... This is VERY IMPORTANT right for victims - at the end of the criminal case, the court orders the perpetrator to compensate the victims - HENCE, no need for victims to commence a separate civil suit to get compensations...which is not easy...
426 Order for payment of costs of prosecution and compensation [Criminal Procedure Code]
...(1A) Without prejudice to subsection (1), the Court before which an accused is convicted of an offence shall, upon the application of the Public Prosecutor, make an order against the convicted accused for the payment by him, or where the convicted accused is a child, by his parent or guardian, of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.
(1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.
(1C) The Court shall, in making an order under subsection (1A), take into consideration the following factors:
(a) the nature of the offence;
(b) the injury sustained by the victim;
(c) the expenses incurred by the victim;
(d) the damage to, or loss of, property suffered by the victim;
(e) the loss of income incurred by the victim;
(f) the ability of the convicted accused to pay; and
(g) any other factors which the Court deems relevant.
(1D) For the purpose of making an order under subsection (1A), the Court may hold an inquiry as it thinks fit.
(2) The Court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 432 [except paragraph (1)(d)] shall be applicable to any order made under this section.
(3) The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation.
(4) To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.
(5) Every order made under this section by a Magistrate shall be appealable to the High Court.
AGAIN - In Malaysia, before the Court pronounces SENTENCE, the victim of the crime has a RIGHT TO BE HEARD
Section 183A Victim's impact statement [Criminal Procedure Code]
(1) Before the Court passes sentence according to law under section 183, the Court shall, upon the request of the victim of the offence or the victim's family, call upon the victim or a member of the victim's family to make a statement on the impact of the offence on the victim or his family.
(2) Where the victim or a member of the victim's family is for any reason unable to attend the proceedings after being called by the Court under subsection (1), the Court may at its discretion admit a written statement of the victim or a member of the victim's family.
BUT, the BIG PROBLEM in Malaysia, is that most times, the victims of crime are NOT even INFORMED that the perpetrator had been charged in court, or the trial dates (so if interested, they can attend), and/or the VICTIM's right to be heard before sentence is passed, or the fact the Criminal Courts can also order the convicted to COMPENSATE the victims of crime...
When Criminal Court orders compensation to be paid to victims by the convicted, it does not prejudice further claims ... but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.
Yes, victims of crimes can claim COMPENSATION from the perpetrator of crimes... but, if they commence a civil suit, it is NOT easy because they will again have to prove to the court on a balance of probabilities that the perpetrator violated their rights - and the fact that he has already been convicted does not help, and neither is the evidence used in the criminal trial by prosecution easily obtainable. HENCE, the compensation for victims ordered at the Criminal Trial is the easiest way - without the need to expend more money for another civil suit.
So, what should VICTIMS OF CRIMES do -
(1) Continue communicating with the police and law enforcement to know the status of investigations...
(2) Communicate with the Public Prosecutor asking to be informed when and if the perpetrator has been charged, for what, in which courts, and prior information of trial dates so they can attend... and
(3) Keep a record of (b) the injury sustained by the victim; (c) the expenses incurred by the victim; (d) the damage to, or loss of, property suffered by the victim; (e) the loss of income incurred by the victim; and any other relevant factors to justify the COMPENSATION the victim wants - and communicate to the Public Prosecutor to apply to court for an order to be compensated by the accused...
Should victims get a lawyer? No need, but may be a better option to get a Lawyer ...
PARDON - Should the victims also have the right to be heard before the King/Rulers pardon convicted criminals?
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