Summary
In Malaysia, while there is no legal obligation to confess to a crime, failing to report certain serious offenses can still result in legal consequences. Not confessing is not the same as following the law. Actions not explicitly prohibited by law are generally permissible, but some actions require compliance with legal duties, such as reporting specific crimes. Legal permissibility differs from moral or ethical endorsement.Full Conversation
sure, it can result in legal consequences, but the same holds true in the USA where there is the fifth amendment to provide the right against self-incrimination. my question is, is a person within their rights to not confess to a crime they committed, even if they have not been arrested, according to malaysia law?
In Malaysia, a person is not legally obligated to confess to a crime they committed, even if they haven't been arrested. However, failing to report a crime, especially serious offenses, can result in additional legal consequences.
Are you concerned about a specific type of crime or case?
no, but can i assume that anything since the law does not stipulate the need to confess to a crime, the act of not confessing to a crime is in itself following the law of the land?
In Malaysia, while there is no legal obligation to confess to a crime, failing to report certain serious offenses can still result in legal consequences.
- Not confessing is not the same as following the law.
- Evading justice can lead to additional charges and penalties.
Is there a specific situation you are concerned about?
does doing something which malay law does not prohibit count as following the law of the land?
In Malaysia, if an action is not explicitly prohibited by law, it generally means it is not illegal. However, this does not necessarily mean that doing so equates to "following the law of the land." Laws are designed to outline both prohibitions and required actions.
- Non-prohibited acts may be legal but not necessarily endorsed.
- Failing to act when required (e.g., not reporting certain crimes) can still result in penalties.
Is there a specific action or scenario you are concerned about?
but then again, isnt there the legal maxim Everything which is not forbidden is allowed
In legal contexts, the maxim "Everything which is not forbidden is allowed" often applies, but with nuances. In Malaysia:
- Actions not explicitly prohibited by law are generally permissible.
- Some actions require compliance with legal duties (e.g., reporting specific crimes).
- Legal permissibility differs from moral or ethical endorsement.
Is there a particular legal scenario you're curious about?