Although Singapore's legal system is a common legal system, Singapore criminal law is largely legal. The general principles of criminal law, as well as elements and penalties for general criminal offenses such as murder, theft and fraud, are set forth in the Criminal Code. Other significant violations were made by laws such as the Law on Arms Violations, Abductions Act, Drug Abuse, and Vandalism.
In addition, there is a perception that Singaporeans are highly regulated through the criminalization of many activities considered harmless in other countries. This includes failure to flush toilets after use, littering, exploring, possession of pornography, selling gum, and sexual activity; such as oral and anal sex between men. It has been claimed that one of the outcomes of the heavy regulations is that Singapore has one of the lowest violent crime incidents in the world. A recent slogan used in anti-crime police campaigns is "Low crime does not mean no crime".
Singapore maintains both corporal punishment (in the form of caning) and death penalty (by hanging) as punishment for serious offenses. For certain offenses, the imposition of this penalty is mandatory. More than 400 people were executed in Singapore, mostly for drug trafficking, between 1991 and 2004. Statistically, Singapore has one of the highest execution rates in the world compared to its inhabitants, surpassing Saudi Arabia. Science fiction writer William Gibson famously described Singapore as "Disneyland with the death penalty".
Video Criminal law of Singapore
History
Criminal Law: Criminal Code
For much of the nineteenth century, the criminal laws applied in the Straits Settlements (comprising the Isle of Wales (Penang), Singapore and Malacca) belong to the British Empire, to the extent permitted local circumstances. There is little doubt that at the time the crimes of common English law were recognized in these areas. However, due to problems such as doubts about the application of Indian Law, in 1871, the 1871 Civil Sanctuary Settlement was enacted. It began operations on September 16, 1872. The code was practically the re-enactment of the Indian Criminal Code.
Over the years, the Criminal Code has been amended several times. In 1973, penalties for certain offenses were upgraded, and by the 1984 Criminal Act (Amendment) Act, which came into force on 31 August 1984, the mandatory minimum penalty was imposed for certain offenses. The main review of this Guide was launched in 2006.
Criminal procedure
Prior to 1870 the law relating to the criminal procedure prevailing in Singapore was found primarily in the Indian Criminal Procedure Act 1852, which applies because the Supreme Government of India has the power to enact legislation for the Settlement of Straits. After the enactment of the Criminal Code in 1871, the Indian Law was replaced by a Criminal Procedure Ordinance. However, in general continue to apply the British criminal procedure system to the Criminal Code. This was later found to be impractical because the Criminal Code has eliminated the division of crime into crimes and minor crimes. Thus, the Ordinance of Criminal Procedure 1873 was passed to correct the situation. The Ordinance also excludes procedures for indictments supporting allegations for all criminal offenses; and abolish the grand jury, and special and general judges.
A new Criminal Procedure Law was enacted in 1902. This Criminal Procedure Code was adopted by the Legislative Council of the Colonies of Singapore on January 28, 1955. All criminal offenses under the Criminal Code or other laws are asked and tried in accordance with the Criminal Procedure Code.
Maps Criminal law of Singapore
Criminal Code
The Criminal Code, which is the major law in Singapore relating to criminal law, has more than 500 sections and is divided into the following 24 chapters:
- Chapter I : Preliminary.
- Chapter II : General Explanation.
- Chapter III : Punishment.
- Chapter IV : General Exceptions.
- Chapter V : Abetment.
- VA Chapter : Crime Conspiracy.
- Chapter VI : Violations Against Countries.
- Chapter VIA : Piracy.
- Chapter VII : Violations Related to the Armed Forces.
- Chapter VIII : Violation Against Public Peace.
- Chapter IX : Violation By or Associated With Officers.
- Chapter X : Contra from a Public Servant Authority.
- Chapter XI : Evidence and Counterfeit Violation Against Public Justice.
- Chapter XII : Violations Related to Coin and Government Stamps.
- Chapter XIII : Violations Relating to Weight and Size.
- Chapter XIV : Violations Affecting Health, Safety, Comfort, Morality and Public Morality.
- Chapter XV : Religious-Related Violations.
- Chapter XVI : Violations That Affect the Human Body.
- Violations That Affect Life.
- Causes Miscarriage; Injury to a Child Not Born; Baby Display; and concealment of births.
- Injured.
- Wrongful Restraint and Wrongful Confinement.
- Criminal and Assault.
- Abduction, Abduction, Slavery and Forced Labor.
- Rape.
- Anger for Morality.
- Chapter XVII : Infringement Affected Properties.
- Theft.
- Extinction.
- Robbery and Gang-Robbery.
- Property Penalty Violation.
- Criminal Breach of Trust.
- Receiving a Stolen Property.
- Cheat.
- Act and Property Fraud Disposal.
- Mischief.
- Criminal Trespass.
- Chapter XVIII : Violations relating to Documents and Currency Notes and Bank Notes.
- Currency Notes and Bank Notes.
- [ No Chapter XIX. ]
- Chapter XX : Violation Related to Marriage.
- Chapter XXI : Defamation.
- Chapter XXII : Criminal Intimidation, Humiliation and Harassment.
- Chapter XXIII : Commitment Violation Effort.
The Criminal Code defines the elements of each offense and regulates maximum, and sometimes also minimum, penalties for it. The basic form of an offense (commonly referred to as a "simple offense" or, using Latin terminology, as "simplicit violation") has the lowest penalty. A more serious form of crime is defined as a separate offense and draws a harsher penalty.
For example, thefts are defined in section 378 of the Code, and section 379 makes a simple theft (or theft of a simpliciter ) a punishable offense with a jail term of up to three years or with a fine or both. Section 379A punishes the theft of a motor vehicle or any component of a motor vehicle by imprisonment of not less than one year and no more than seven years and a fine. Sections 380 and 381 each commit an offense to commit theft in any building, tent or ship used as human habitation or for custody of property; and, as a clerk or servant, or employed in the capacity of a clerk or servant, to commit the theft of any property owned by one's employer or employer. In both cases, his sentence is up to seven years in jail and a fine. The most serious theft offenses are theft, making preparations for causing death or injury or restraint, or fear of death or injury or restraint, to anyone to commit theft, or to escape after theft, or to retain the property taken by theft. The maximum sentence is imprisoned up to ten years and caning with no less than three strokes.
A perpetrator is usually charged with the most serious offense that can be enforced on the facts of the case. In the representation made by the attorney's attorney to the prosecuting authority, the Prosecutor may agree to accuse the offender of a lesser offense provided he agrees to plead guilty to cost reduction.
Other significant violations
Drug trafficking
The Narcotics Act established by the Drug Abuse Act is very strict. Anyone caught with more than 15 grams (0.53Ã, oz) of heroin (diamorphine), 30 grams (1.1a oz) of cocaine or morphine, 250 grams (8.8Ã, oz) methamphetamine, or 500 grams (18a oz) from the face marijuana compulsory capital punishment, because they are considered as trading these substances. The stated quantity is the net weight of the substance after they are isolated by laboratory analysis. Between 1991 and 2004, 400 people were hanged in Singapore, mostly for drug trafficking, one of the highest per capita execution rates in the world. Persons who are caught with a controlled amount of substance less than the amount that would guarantee the death penalty must be able to avoid the gallows. They may, however, still face harsh penalties ranging from long-term prisons to a maximum of 24 strokes of sugarcane (for men).
See also
- Whip up in Singapore
- The death penalty in Singapore
- Penal Code (Provisional Terms) Act (Singapore)
- Singapore law
Selected Singapore criminal provisions
- Misuse of the Drug Act (Singapore)
- Criminal Code (Singapore)
- Sedition Act (Singapore)
- Vandalism Act (Singapore)
References
Further reading
-
Development of Criminal Law and Criminal Justice in Singapore . Singapore: Singapore Journal of Legal Studies, Faculty of Law, National University of Singapore. ISBNÃ, 981-04-3720-X Ã, - Chan, Wing Cheong; Michael Hor; Yew Meng; Victor V. Ramraj (2005). Fundamental Principles of the Penal Code: Cases and Materials . Singapore: LexisNexis. ISBN: 981-236-409-9.
Source of the article : Wikipedia
0 Comments