What is the meaning of the phrases, Acquittal, ‘Discharge’, ‘DNAA’, and ‘DAA’? (Zahid Part-2)

Legal Phrases Explained: Acquittal, Discharge, DNAA, and DAA
In this comprehensive explanation, we delve into the meanings and intricacies of four crucial legal terms: Acquittal, Discharge, DNAA (Discharge Not Amounting to Acquittal), and DAA (Discharge And Acquittal). These terms are essential in understanding the legal process, especially in criminal cases, and their implications on an accused individual's fate.
1. Acquittal (When Justice Prevails)
An acquittal signifies a legal outcome where the prosecution fails to prove the charges against the accused beyond a reasonable doubt. It is a pivotal moment in the judicial system as it secures an individual's fundamental right not to be punished twice for the same offense, a principle known as "double jeopardy." Acquittals can occur at three significant stages within the legal process:
a. During the prosecution's case.
b. At the end of the prosecution's case.
c. At the end of the defense's case.
2. The Three Components of a Criminal Case
To comprehend these stages better, it is crucial to understand the three fundamental components of a criminal case:
a. The Charge: Formal accusation of a crime.
b. The Prosecution Case: The phase where the prosecution presents evidence.
c. The Defense Case: The stage where the accused defends against the charges.
3. The Prima Facie Case and Maximum Evaluation Exercise
During a trial, the prosecution must establish a "prima facie case," meaning there is enough evidence to justify a conviction if the accused chooses not to present any defense. The judge conducts a "Maximum Evaluation Exercise" to determine whether the evidence is sufficient for a conviction. This process is marked by uncertainty and requires the judge to assess the strength of the prosecution's case.
4. Acquittal or Proceeding to the Defense Case
If the judge concludes that there is insufficient evidence for a conviction at this stage, the accused is acquitted. However, if there is enough evidence, the trial proceeds to the second stage, the Defense Case.
5. The Defense Case and Legal Consequences
In the Defense Case, the accused has three choices:
a. Remaining silent.
b. Remaining silent but calling other witnesses.
c. Testifying as a witness and calling other witnesses.
6. The Second Option: Testifying and Cross-Examination
If the accused decides to testify, they face the choice of making a statement without subjecting themselves to cross-examination or testifying and being subject to cross-examination, a crucial aspect of the legal process.
7. The Role of Witnesses in the Defense Case
Illustrated by an example, this section explains how witness testimony can influence the judge's decision. In this scenario, witness statements collectively prove the accused's innocence, leading to an immediate acquittal.
8. DAA (Discharge And Acquittal)
DAA, or Discharge And Acquittal, comes into play when the prosecutor, after the conclusion of the Defense Case, wishes to withdraw the charges against the accused. This legal maneuver reflects a prosecutor's change of heart and can result in the accused's acquittal.
9. DNAA (Discharge Not Amounting to Acquittal)
Contrastingly, DNAA, or Discharge Not Amounting to Acquittal, involves the prosecutor's request to discharge the accused but not acquit them. This means that the accused can be re-charged for the same offense in the future, provided certain conditions are met.
10. Recharging and the Importance of Witnesses
This section explains the circumstances under which recharging may occur, emphasizing the role of crucial witnesses and their availability during trial proceedings.
11. Courtroom Dynamics and Skepticism
The courtroom dynamics and the skepticism surrounding DNAA orders for politicians are discussed, highlighting the complexity and uncertainties of legal procedures in high-profile cases.
In conclusion, understanding these legal phrases-Acquittal, Discharge, DNAA, and DAA-provides valuable insights into the intricacies of the legal system, where the pursuit of justice is a multifaceted journey with profound implications for the accused and the judicial process itself.
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[@a11danny]

Great content. With all the terms being thrown around, its helpful to know what it actually means and their respective implications.

[@GKganesan]

Thank you!

[@davidwee6927]

Indeed the best presentation of the legal definations of those phrases .

[@shalalaparadise]

i haven't been catching up with the news lately so im very thankful for this series ❤️❤️❤️

[@shalalaparadise]

this is a recent news but the production quality is top-notch as always 🔥🔥🔥

[@GKganesan]

Thank you for your kind words. I am sure our Editor Mr Nimalan from Penang would love your comment

[@jamestan8266]

Sir, well spoken and very interesting details. Soon most politicans will prefer DNAA from the judges. Maybe, JPJ and transport minister should also consider have new motor plate under terder DNAA. Sir, you are great.

[@GKganesan]

Thank you James for your kind words.

[@manugohil210]

Thank you sir explaining in an easy way to understand

[@GKganesan]

You are welcome.

[@karunankumar2618]

Good explanation and thanks

[@majangkim]

I listen to it over and over again. Zahid is 70 years old now, he amass great wealth during his stint, He will never get another trial, by then people's anger subside and move on.

[@Kirranya-g4q]

Absolutely correct

[@Kirranya-g4q]

These type of discharge not amounting has a bad effect on the jurisdiction status in this country

[@fightcorruptionandmisusepo5385]

Whether DPPs can refused to appeal against acquitant after all witnesses, alcohol reports by public agencies, and CCTV footage of a deadly crimes blocked by sitting Magistrate to acquit accused without the need to entering defence

[@fightcorruptionandmisusepo5385]

Please do a session on the Case of Yong Siew Chen v Tang Ka Leong & Anor [2023] 7 CLJ 40. There are many unpublished cases that worse than the abovementioned case handled by Magistrate Punitha A/P Siravaji...

[@athan7199]

Sir, From my observations on the corruption cases, the focus is only on the reciepient of the bribes... there is no focus and no punishment for the giver of the bribes. I If there is a more severe punishment for the person or organization that gives the bribe, potentially the number of corruption cases can be reduced... it takes both hands to clap to make a sound!!

[@fightcorruptionandmisusepo5385]

Whether can DNAA after delivering of trial judgment during appeal in view of previous legal precedents?

[@partthasaratthynelaitambi3505]

The Good News is Corruption has been Legalized in Malaysia. Now every Malaysian can freely practice Corruption without feeling ashamed, guilty or awkward. Thank You Malaysia

[@GKganesan]

Thank you for your views

[@abduljalil5203]

TQ bro Ganeson for the explicit explanation about Zahids DNAA.I can smell rats when the judge agreed to the DPP request for DNAA.I suspect with the twist n turn of the Laws eventually he will b acquitted of all the charges.If this happen then there will b no truth at all with the legal convention that u cannot benefit from your criminal act.look like those in the heaven community can walk on water.

[@GKganesan]

Thank you En Jalil

[@fightcorruptionandmisusepo5385]

whether mala fides to declare DNAA soon after prosecution case established and soon before his retirement?

[@johnchristie1550]

Nice

[@ronnieng3348]

Money works in Malaysia

[@GKganesan]

Thank you for your comments.

[@bladekhaira]

malaysia belong to the malays..i hope PN will win the next GE..pls keep posting videos like this...we need all indians to go back to india and chinese go back to China..

[@Hs5687]

Everything Changes, When One is Politically Singled Out & Targeted By Singapore Government 😊

[@GKganesan]

Thank you for your views

[@GKganesan]

Thank you for your views

[@SamadYahya-i9l]

TERSANGAT MEMALUKAN KERAJAAN MADANI..... 47PERTUDUHAN PEGUAM NEGARA KUAT KUASA ATAU PERDANA MENTERI PERTAMA MADANI ANUAR IBRAHIM SELUK SAKU SEMBUNYI TANGAN..... LEPAS DIRI ....

[@GKganesan]

Terima kasih atas pandangan tuan

[@shawnj-o1k]

Means the system is corrupt they protect themselves and will run innocent people through the ringers a thousand times out of jealousy and narc ego rage injury lol