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Article 7: Protection against retrospective criminal laws and repeated trials.

The article 7 of Constitution of Malaysia stated that when an act or omission was done while the
law to judge the act or crime is not existed yet. There is also stated that no person should be
given greater punishment for an offence than was prescribed by law at the time it was
committed. Besides, in this article 7 of Constitution of Malaysia, it is stated that no person may
be tried again for the same crime or offence after his or her conviction or acquittal. As you can
see from the article, double jeopardy is prohibited in Malaysia. However, although double
jeopardy prohibits different prosecutions for the same offense, but it doesnt protect a defendant
from multiple prosecutions for multiple offenses.

In the criminal law of people of the peoples Republic of China, article 12 has stated that if an act
committed after the founding of the PRC and before the implementation of this law was not
deemed a crime under the laws at that time, the laws at that time are to be applicable. If the act
was deemed a crime under the laws at that time, and if under the provisions of Chapter IV,
Section 8 of the general provisions of this law it should be prosecuted, criminal responsibility is
to be investigated according to the laws at that time. However, if this law does not deem it a
crime or imposes a lesser punishment, this law is to be applicable. The effective judgments that
were made according to the laws at that time before the implementation of this law will continue
to be in force.

It can be seen that article 7 in Constitution of Malaysia is similar to article 12 in criminal law of
people of the peoples Republic of China from every aspect except the one rule is different which
is that article 12 has the rule of benefiting retrospective offenders in a way that if the criminal
offenders committed the crime in the past and depends on the greatness of punishment when old
law and new law is applied, the judgement of the retrospective criminal will be made according
to the law with lighter punishments whereas the article 7 does not mention anything about the
rule which can give huge advantage to retrospective criminal.

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