Cover image via 江昭上 (Facebook)
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Malaysian lawyer and influencer Kiang Jau Sang said rapper Namewee is likely to be detained until the murder trial involving Taiwanese influencer Iris Hsieh Yu-hsin concludes
Following the news that the police reclassified the case from sudden death to murder yesterday, 4 November, Kiang took to Facebook to explain the procedure typically applied under Section 302 of the Penal Code.
According to him, under Malaysian law, the procedure for handling a murder case begins with police detaining the suspect for 24 hours.
Within that period, the suspect must be brought before the Magistrate's Court for a remand order to allow a longer detention.
He said that, as the case falls under Section 302 of the Penal Code, one of the most serious offences in criminal law, the Magistrate will typically grant the maximum seven-day remand order.
During this time, the suspect remains in custody for police questioning, he said.
"If investigators determine that Namewee's statement is unsatisfactory or his account at the hotel is incomplete, they will bring him to the Magistrate's Court a second time for a seven-day extension for remand, which totals a maximum of 14 days.
"After this 14-day period, the police must release the person. If they do not want to release him, they must immediately charge him in court," explained Kiang.
Kiang Jau Sang (left) posted a photo of himself and Namewee (right) on Facebook yesterday, 4 November.
Image via 江昭上 (Facebook)The lawyer said that in many cases, suspects are released after a 14-day remand.
However, because murder is a non-bailable offence, Namewee will likely remain in custody.
"The accused must remain in custody while attending court until the case is concluded," said Kiang.
He added that while he personally believes the case may have involved a drug overdose, he expressed hope that Hsieh will receive justice and the truth will eventually come to light.
An old photo of Namewee (left) and Kiang Jau Sang (right).
Image via 江昭上In Malaysia, there are three categories of offences: bailable, non-bailable, and unbailable
According to Malay Mail, the general rule is that bailable offences carry a punishment of less than three years' imprisonment, while non-bailable offences involve penalties of more than three years' imprisonment.
Unbailable offences, on the other hand, are not covered under the Penal Code. Lawyer and academic Shamsher Singh Thind cited the Dangerous Drugs Act 1952 and the Security Offences (Special Measures) Act 2012 (SOSMA) as examples, noting that courts have no discretion to grant bail in such cases.
Although murder is generally a non-bailable offence, the court may grant bail in exceptional circumstances, for instance, if the accused is infirm, ill, a woman, or a child under 16 years old.
