Thursday 14th of December 2017 02:32:30 PM

Court Cases and Other Relevant Authorities


PHILIPPINES
List of decided cases:
 
  • Burgos, Sr., vs. Chief of Staff of the Armed Forces of the Philippines, 133 Supreme Court Reports Annotated [SCRA] 800 – definition of probable cause
 
  • The Philippines may require certain evidentiary tests to be met before implementing some requests for assistance.
  • For example, requests involving search and seizure would have to meet the probable cause requirement.
  • Probable cause is defined in the Philippines as “such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed, and that the objects sought in connection with the offense are in the place sought to be searched”
SINGAPORE
List of decided cases:
 
 
  • Mutual legal assistance - Whether request had to be exhibited with application – Whether proper request by prescribed foreign country essential part of application
MALAYSIA
List of decided cases:
 
 
  • Documentary evidence - Foreign transcripts and documents - Admissibility - Evidence obtained abroad pursuant to s. 8(3) Mutual Assistance In Criminal Matters Act 2002 - Whether such evidence must satisfy requirements of s. 33 Evidence Act 1950
    Note: Amendment of the Evidence Act 1950 to include Chapter VA (Admissibility of Evidence Obtained under Mutual Assistance in Criminal Matters Requests)
 
Note:
Amendment of the Evidence Act 1950 to include Chapter VA (Admissibility of Evidence Obtained under Mutual Assistance in Criminal Matters Requests)


Attorney General of Brunei Darussalam
Minister of Law and Human Rights of Republic of Indonesia
Minister of Justice Lao PDR
Attorney General of Malaysia
Central Authority for Rendering Assistance in Criminal Matters among States, Myanmar
Attorney-General's Chambers of Singapore
Minister of Public Security, Socialist Republic of Vietnam
Department of Justice Office of the Chief State Counsel, Philippines
Ministry of Justice Cambodia
Attorney General of Thailand