Brunei - Revision history

IBJadmin at 07:42, 4 April 2013

2013-04-04T07:42:22Z

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			{{Languages\|Brunei}}


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IBJadmin at 13:29, 16 July 2012

2012-07-16T13:29:13Z

← Older revision		Revision as of 15:29, 16 July 2012
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	See [[Criminal Justice Systems Around the World]]		See [[Criminal Justice Systems Around the World]] and [[Legal Aid in ASEAN countries]]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

Spalomba at 10:33, 18 February 2011

2011-02-18T10:33:21Z

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	Among the most important international human rights instruments, Brunei has ratified only the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discriminations Against Women (CEDAW).		Among the most important international human rights instruments, Brunei has ratified only the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discriminations Against Women (CEDAW).

	==~~Defendant~~'s Rights==		==Defendants' Rights==

	Under the Criminal Procedure Code a warrant is required to arrest a person. Nonetheless, the cases when an arrest can be made without a warrant are so broad that almost nullify the previous rule (Sections 19, 28, 33 of the Criminal Code).		Under the Criminal Procedure Code a warrant is required to arrest a person. Nonetheless, the cases when an arrest can be made without a warrant are so broad that almost nullify the previous rule (Sections 19, 28, 33 of the Criminal Code).

Spalomba at 10:30, 18 February 2011

2011-02-18T10:30:52Z

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	The Judicial branch is composed by Courts of Magistrate, Sharia Courts, and the High Court. The legal system is based on English common law, and for Muslims Sharia law supersedes civil law with regard to marriages and inheritance.		The Judicial branch is composed by Courts of Magistrate, Sharia Courts, and the High Court. The legal system is based on English common law, and for Muslims Sharia law supersedes civil law with regard to marriages and inheritance.

	==Sources of ~~Defendant~~'s Rights==		==Sources of Defendants' Rights==

	The 1959 Constitution does not grant any right to defendants in criminal proceedings, as well as any other right. The presence of a defense counsel is not envisioned throughout the entire criminal proceeding, from the investigation phase to the sentencing (Chapter XIX of the Criminal Procedure Code is titled "Trials without the Aid of Assessors”). The system is then based on the defendant’s self representation and participation to the trial.		The 1959 Constitution does not grant any right to defendants in criminal proceedings, as well as any other right. The presence of a defense counsel is not envisioned throughout the entire criminal proceeding, from the investigation phase to the sentencing (Chapter XIX of the Criminal Procedure Code is titled "Trials without the Aid of Assessors”). The system is then based on the defendant’s self representation and participation to the trial.

Ibjadmin at 08:55, 8 February 2011

2011-02-08T08:55:23Z

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	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
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	==Background==		==Background==

Ibjadmin at 08:55, 8 February 2011

2011-02-08T08:55:08Z

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	~~{{Languages\|Brunei}}~~

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	*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.		*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.

			{{Languages\|Brunei}}
	__NOTOC__		__NOTOC__

Ibjadmin at 13:59, 25 January 2011

2011-01-25T13:59:13Z

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	{{Languages\|Brunei}}		{{Languages\|Brunei}}

	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: ~~400px~~; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ACTS OF BUNEI</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ACTS OF BUNEI</h2>

Spalomba at 08:48, 21 January 2011

2011-01-21T08:48:44Z

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	Any statement made by any person, including a person in the custody of a police officer, made before or after that person is charged and whether in the course of a police investigation or not is admissible as evidence. If that person tenders himself as a witness, he can be cross examined. Courts have to verify if the statement is voluntary questioning both the Prosecutor and the defendant.		Any statement made by any person, including a person in the custody of a police officer, made before or after that person is charged and whether in the course of a police investigation or not is admissible as evidence. If that person tenders himself as a witness, he can be cross examined. Courts have to verify if the statement is voluntary questioning both the Prosecutor and the defendant.

	==~~Post~~-~~Conviction==~~
			-----
			See [[Criminal Justice Systems Around the World]]

			<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

	*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.		*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.

Spalomba at 08:41, 21 January 2011

2011-01-21T08:41:11Z

← Older revision		Revision as of 10:41, 21 January 2011
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	Any statement made by any person, including a person in the custody of a police officer, made before or after that person is charged and whether in the course of a police investigation or not is admissible as evidence. If that person tenders himself as a witness, he can be cross examined. Courts have to verify if the statement is voluntary questioning both the Prosecutor and the defendant.		Any statement made by any person, including a person in the custody of a police officer, made before or after that person is charged and whether in the course of a police investigation or not is admissible as evidence. If that person tenders himself as a witness, he can be cross examined. Courts have to verify if the statement is voluntary questioning both the Prosecutor and the defendant.

	==Post Conviction==		==Post-Conviction==

	*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.		*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.

Spalomba at 08:34, 21 January 2011

2011-01-21T08:34:10Z

← Older revision		Revision as of 10:34, 21 January 2011
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			==Background==

	Brunei is a constitutional sultanate, and it achieved independence from England in 1984. The same family has ruled the country for over six centuries.		Brunei is a constitutional sultanate, and it achieved independence from England in 1984. The same family has ruled the country for over six centuries.

			==Type of System==

	The Judicial branch is composed by Courts of Magistrate, Sharia Courts, and the High Court. The legal system is based on English common law, and for Muslims Sharia law supersedes civil law with regard to marriages and inheritance.		The Judicial branch is composed by Courts of Magistrate, Sharia Courts, and the High Court. The legal system is based on English common law, and for Muslims Sharia law supersedes civil law with regard to marriages and inheritance.

			==Sources of Defendant's Rights==

	The 1959 Constitution does not grant any right to defendants in criminal proceedings, as well as any other right. The presence of a defense counsel is not envisioned throughout the entire criminal proceeding, from the investigation phase to the sentencing (Chapter XIX of the Criminal Procedure Code is titled "Trials without the Aid of Assessors”). The system is then based on the defendant’s self representation and participation to the trial.		The 1959 Constitution does not grant any right to defendants in criminal proceedings, as well as any other right. The presence of a defense counsel is not envisioned throughout the entire criminal proceeding, from the investigation phase to the sentencing (Chapter XIX of the Criminal Procedure Code is titled "Trials without the Aid of Assessors”). The system is then based on the defendant’s self representation and participation to the trial.
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	Some safeguards are still found in the Brunei Criminal Procedure Code, such as the right to confront accusers, and the right to notice of charges.		Some safeguards are still found in the Brunei Criminal Procedure Code, such as the right to confront accusers, and the right to notice of charges.

			Among the most important international human rights instruments, Brunei has ratified only the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discriminations Against Women (CEDAW).

			==Defendant's Rights==

	Under the Criminal Procedure Code a warrant is required to arrest a person. Nonetheless, the cases when an arrest can be made without a warrant are so broad that almost nullify the previous rule (Sections 19, 28, 33 of the Criminal Code).		Under the Criminal Procedure Code a warrant is required to arrest a person. Nonetheless, the cases when an arrest can be made without a warrant are so broad that almost nullify the previous rule (Sections 19, 28, 33 of the Criminal Code).
Line 27:		Line 37:
	Any statement made by any person, including a person in the custody of a police officer, made before or after that person is charged and whether in the course of a police investigation or not is admissible as evidence. If that person tenders himself as a witness, he can be cross examined. Courts have to verify if the statement is voluntary questioning both the Prosecutor and the defendant.		Any statement made by any person, including a person in the custody of a police officer, made before or after that person is charged and whether in the course of a police investigation or not is admissible as evidence. If that person tenders himself as a witness, he can be cross examined. Courts have to verify if the statement is voluntary questioning both the Prosecutor and the defendant.

	Among the most important international human rights instruments, Brunei has ratified only the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discriminations Against Women (CEDAW).		==Post Conviction==

	~~-----~~
	~~See [[Criminal Justice Systems Around the World]]~~
	~~<h2 id~~=~~"mp-dyk-h2" style~~=~~"margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>~~

	*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.		*2009 Prison Population: 423 people for a population of 400,000. This means 106 detainees for 100,000 people, of which 8.3% in pre-trial detention.