PNGMK wrote:OP - the IO investigates the case but it's the Attorney General (Governments Lawyer) who recommends whether to prosecute or not. These cases are pretty much guaranteed to be prosecuted according to my legal friends here. There's really no risk for the AGC to prosecute - a win is guaranteed.
In view of the following, would the guy get a warning or .. he's gonna be put through the whole process?
And in Singapore law, can the victim (Mustafa in this case) insist on pressing charges ?
In his statement, he declared that he tried stealing the perfumes as he planned to resell them online for extra cash as he is running low on funds.
1. He's going to be charged.
2. No - in criminal cases in Singapore it's the AGC who decides to charge. "Pressing charges" is an American concept. In most Brit based systems it's the cops or AG who decides. The whole issue of avoiding ending up in prison is to derail the process at every opp. So for future ref:
1. Picked up by loss control in Mustafa, Run/Hide/Bribe the guard and don't bloody talk....
2. Mustafa call the police. Don't talk. Admit nothing. While in Singapore there is no explicit right to silence it's still your own mouth and you choose to open it or not.
3. Police will arrest you and take you to a police station (Tanglin). Keep your mouth shut. Take mental notes. Don't admit anything. Without a confession Mustafa will need to provide statements/video. It's possible they'll stuff this up in which case I/O may choose NOT to refer case to AGC.
4. AGC looks at evidence. No written statement of confession (refuse to write one)???? That makes his job 1000 times harder EVEN IN SINGAPORE. He may just let it slide. Don't be fooled by the cops - they may choose to LIE and say something even at this point to trap you into a confession.
5. AGC decides to charge you and a court date is set. OK this is where you need to think on your feet. THERE IS NO QUESTION that Singapore courts penalize those who waste their time. If Mustafa have enough evidence (sworn statement from their Loss control Guys, Video) then admit guilt and find some mitigating circumstances. IF they don't proffer evidence then get a barrister to argue the case. At some point before the court hearing this decision needs to be made as determined by the prosecuting brief.
DO you need a lawyer (solicitor/barrister). Yes - if only for advice on the system and how it works. If you're going to plead guilty he may be able to help please mitigating circumstances.
DON'T TALK TO THE PIGS. EVEN IN SINGAPORE.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
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