Pembuktian Dalam Mensabitkan Jenayah Bunuh: Satu Kajian Perbandingan Antara Kanun Hukuman Jenayah (Penggal 22) dan Perintah Kanun Hukuman Jenayah Syariah, 2013

Abstract

This research aims to analyze and compare the rules of evidence in the written Evidence Acts whilst explaining the types of murder offences provided in the Brunei Penal Code (Cap 22) and in the Shariah Penal Code Order, 2013. Each of the methods and issues brought up in this study will be applied to murder cases from various countries for a much thorough explanations. Apart from that, this research also contains discussion on actus reus, mens rea, the level of proof and the burden of proof between criminal law in sivil and Shariah law. To achieve the objectives of this research, the researcher has used the literature review as the most used method. The process of obtaining information is mainly focused on utilizing secondary data source comprised books, law journals, court judgements and articles related to the topic. The research findings has identified that there are apparent differences between the two Penal Codes mentioned above, specifically in terms of evidence in convicting the murder offences. However, this research has also found similarities between the two Acts.