Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIII - THE CHARGE

152. Form of charge

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) If the accused has been previously convicted of any offence, and it is intended to prove that previous conviction for the purpose of increasing the punishment which the Court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge. If the statement is omitted the Court may add it at any time before sentence is passed.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/153.Particulars as to time, place and person

153. Particulars as to time, place and person

(1) The charge shall contain such particulars as to the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 164:

Provided that the time included between the first and last of such dates shall not exceed one year.

(3) When the accused is charged with an offence relating to publication by electronic means, the place of publication is where the publication is seen, heard or read by any person.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/154.When manner of committing offence must be stated

154. When manner of committing offence must be stated

When the nature of the case is such that the particulars mentioned in sections 152 and 153 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/155.Sense of words used in charge to describe offence

155. Sense of words used in charge to describe offence

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/156.Effect of errors

156. Effect of errors

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars shall be regarded, at any stage of the case, as material unless the accused was in fact misled by that error or omission.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/157.Omitted or Deleted Section

157. Omitted or Deleted Section

(Deleted by Act A1132).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/158.Court may alter or add to charge

158. Court may alter or add to charge

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/159.When trial may proceed immediately after alteration or addition

159. When trial may proceed immediately after alteration or addition

If a charge is framed or alteration or addition made under either section 157 or 158, the Court shall immediately call upon the accused to plead thereto and to state whether he is ready to be tried on the charge or altered or added charge. If the accused declares that he is not ready, the Court shall duly consider the reasons he may give and if proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after the charge or alteration or addition has been framed or made, proceed with the trial as if the new or altered or added charge had been the original charge.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/160.When new trial may be directed or trial suspended

160. When new trial may be directed or trial suspended

If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/161.Stay of proceedings if prosecution of offence in altered charge requires previous sanction

161. Stay of proceedings if prosecution of offence in altered charge requires previous sanction

If the offence stated in the new or altered or added charge is one for the prosecution of which previous sanction is necessary the case shall not be proceeded with until the sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/162.Recall of witnesses when charge altered

162. Recall of witnesses when charge altered

Whenever a charge is altered or added by the Court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine, with reference to the alteration or addition, any witness who may have been examined, and may also call any further evidence which may be material.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/163.Separate charges for distinct offences

163. Separate charges for distinct offences

For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in sections 164, 165, 166 and 170.

ILLUSTRATION

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/164.Three offences of same kind within twelve months may be charged together

164. Three offences of same kind within twelve months may be charged together

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with and tried at one trial for any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Penal Code, or of any other law for the time being in force:

Provided that, for the purpose of this section, an offence punishable under section 379, 380, 382, 392, 393, 394, 395, 396 or 397 of the Penal Code shall be deemed to be an offence of the same kind as an offence punishable under any other of the said sections, and that an offence punishable under any section of the Penal Code or of any other law for the time being in force shall be deemed to be an offence of the same kind as an attempt to commit such an offence, when such an attempt is an offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/165.Trial for more than one offence

165. Trial for more than one offence

(1) If in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence.

(2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for each of those offences.

(3) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined, or for any offence constituted by any one or more of those acts.

(4) Nothing contained in this section shall affect section 71 of the Penal Code.

ILLUSTRATIONS

to subsection (1)

The separate charges referred to in illustrations (a) to (f) , respectively, may be tried at the same time.

to subsection (2)

to subsection(3)

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/166.Where it is doubtful what offence has been committed

166. Where it is doubtful what offence has been committed

If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of those offences; and any number of the charges may be tried at once, or he may be charged in the alternative with having committed some one of the said offences.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/167.When a person charged with one offence can be convicted of another

167. When a person charged with one offence can be convicted of another

If in the case mentioned in section 166 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it.

ILLUSTRATION

A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust, or of receiving stolen goods (as the case may be) though he was not charged with such offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/168.Person charged with an offence can be convicted of the attempt

168. Person charged with an offence can be convicted of the attempt

When the accused is charged with an offence he may be convicted of having attempted to commit that offence, although the attempt is not separately charged.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/169.When offence proved is included in offence charged

169. When offence proved is included in offence charged

(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it.

(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 131 or 132 of this Code when no complaint has been made as required by those sections.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/170.When persons may be charged jointly

170. When persons may be charged jointly

(1) When more persons than one are accused of the same offence or of different offences committed in the same transaction, or when one person is accused of committing an offence and another of abetment of or attempt to commit the same offence, they may be charged and tried together or separately as the Court thinks fit, and the provisions contained in the former part of this Chapter shall apply to all the charges.

ILLUSTRATION

(2) Persons accused of an offence which includes theft, extortion, criminal breach of trust, cheating or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first named persons, or of abetment of or attempting to commit any such last-named offence, may be charged and tried together.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/171.Withdrawal of remaining charges on conviction on one of several charges

171. Withdrawal of remaining charges on conviction on one of several charges

(1) When more charges than one are made against the same person and when a conviction has been had on one or more of them, the officer conducting the prosecution may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into or trial of the charge or charges.

(2) Such withdrawal or stay shall have the effect of an acquittal on such charge or charges, unless the conviction is set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn or not proceeded with.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/171A.Outstanding offences

171A. Outstanding offences

(1) Where in any criminal proceedings instituted by or on behalf of the Public Prosecutor the accused is found guilty of an offence, the Court, in determining and in passing sentence, may, with the consent of the prosecutor and the accused, take into consideration any other outstanding offence or offences which the accused admits to have committed:

Provided that, if any criminal proceedings are pending in respect of any such outstanding offence or offences and those proceedings were not instituted by or on behalf of the Public Prosecutor, the Court shall first be satisfied that the person or authority by whom those proceedings were instituted consents to that course.

(2) When consent is given as in subsection (1) and an outstanding offence is taken into consideration, the Court shall enter or cause an entry to that effect to be made on the record and upon sentence being pronounced the accused shall not, unless the conviction which has been had is set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172.Charges to be in forms in Second Schedule

172. Charges to be in forms in Second Schedule

(1) All charges upon which persons are tried before the High Court shall be brought in the name of the Public Prosecutor, and be as nearly as possible in accordance with the forms in the Second Schedule and shall be signed by the Public Prosecutor or by some person authorized by him in that behalf, and in the latter case the words "By authority of the Public Prosecutor" shall be prefixed to the signature.

(2) The proceedings shall not abate or determine by reason of the death or removal from office of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/172A.Pre-trial conference

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIIIA PRE-TRIAL PROCESSES

172A. Pre-trial conference

(1) An accused who is charged with an offence and claims to be tried shall, by an advocate representing him, participate in a pre-trial conference with the prosecution before the commencement of the case management.

(2) A pre-trial conference shall commence within thirty days from the date the accused was charged in court or any reasonable time before the commencement of the case management.

(3) A pre-trial conference may be conducted by any means and at any venue as may be agreed upon by the advocate representing the accused and the prosecution.

(4) During the pre-trial conference, an advocate representing an accused may discuss with the prosecution the following matters relating to the case:

(5) All matters agreed upon in the pre-trial conference by the advocate and the prosecution shall be reduced into writing and signed by the accused, the advocate and the prosecution.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172B.Case management

172B. Case management

(1) A Magistrate, Sessions Court Judge or Judge of the High Court, as the case may be, shall commence a case management process within sixty days from the date of the accused being charged and claims to be tried.

(2) At the case management, the Magistrate, Sessions Court Judge or Judge shall--

(3) A subsequent case management, if necessary, may be held not less than two weeks before the commencement of the trial.

(4) The trial shall commence not later than ninety days from the date of the accused being charged.

(5) Notwithstanding subsections (1) and (4), a failure for the case management or the trial to commence according to the time period specified in the subsections shall not--

(6) Notwithstanding the provisions of the Evidence Act 1950, all matters that have been reduced into writing and duly signed by the accused, his advocate and the prosecution under subsection 172A(5) shall be admissible in evidence at the trial of the accused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172C.Plea bargaining

172C. Plea bargaining

(1) An accused charged with an offence and claims to be tried may make an application for plea bargaining in the Court in which the offence is to be tried.

(2) The application under subsection (1) shall be in Form 28A of the Second Schedule and shall contain--

(3) Upon receiving an application made under subsection (1), the Court shall issue a notice in writing to the Public Prosecutor and to the accused to appear before the Court on a date fixed for the hearing of the application.

(4) When the Public Prosecutor and the accused appear on the date fixed for the hearing of the application under subsection (3), the Court shall examine the accused in camera--

as to whether the accused has made the application voluntarily.

(5) Upon the Court being satisfied that the accused has made the application voluntarily, the Public Prosecutor and the accused shall proceed to mutually agree upon a satisfactory disposition of the case.

(6) If the Court is of the opinion that the application is made involuntarily by the accused, the Court shall dismiss the application and the case shall proceed before another Court in accordance with the provisions of the Code.

(7) Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor, the satisfactory disposition shall be put into writing and signed by the accused, his advocate if the accused is represented, and the Public Prosecutor, and the Court shall give effect to the satisfactory disposition as agreed upon by the accused and the Public Prosecutor.

(8) In the event that no satisfactory disposition has been agreed upon by the accused and the Public Prosecutor under this section, the Court shall record such observation and the case shall proceed before another Court in accordance with the provisions of the Code.

(9) In working out a satisfactory disposition of the case under subsection (5), it is the duty of the Court to ensure that the plea bargaining process is completed voluntarily by the parties participating in the plea bargaining process.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172D.Disposal of the case

172D. Disposal of the case

(1) Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor under section 172C, the Court shall, in accordance with law, dispose of the case in the following manner:

(2) Where there is a minimum term of imprisonment provided under the law for the offence, no accused shall be sentenced to a lesser term of imprisonment than that of the minimum term.

(3) Subparagraph (1)(c)(ii) shall not apply where--

(4) For the purpose of paragraph (3)(a), "serious offence" means an offence where the maximum term of imprisonment that can be imposed is not less than ten years, and includes any attempt or abetment to commit such offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172E.Finality of the judgement

172E. Finality of the judgement

When an accused has pleaded guilty and has been convicted by the Court under section 172D, there shall be no appeal except to the extent and legality of the sentence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172F.Statements of, or facts stated by, accused not to be used for any other purpose

172F. Statements of, or facts stated by, accused not to be used for any other purpose

Notwithstanding anything contained in any law, the statements of or facts stated by an accused in an application for a plea bargaining under section 172C shall not be used for any other purpose except for the making of such application.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172G.Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty

172G. Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty

Where an accused pleads guilty at any time before the commencement of his trial, the Court shall sentence the accused in accordance with subparagraph 172D(1)(c)(ii).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/173.Procedure in summary trials

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIX SUMMARY TRIALS BY MAGISTRATES

173. Procedure in summary trials

The following procedure shall be observed by Magistrates in summary trials:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/173A.Power to discharge conditionally or unconditionally

173A. Power to discharge conditionally or unconditionally

(1) Notwithstanding anything contained in section 173, the Court shall have the powers contained in this section.

(2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either--

(3) The Court may, in addition to any such order, order the offender to pay such compensation for injury or for loss (not exceeding the sum of fifty ringgit) or to pay the costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.

(4) An order under this section shall for the purpose of revesting or restoring stolen property, and of enabling the Court to make such order as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with the restitution or delivery, have the like effect as a conviction for an offence committed in respect of such property.

(5) If the Court is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.

(6) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate who may--

(7) The offender when so remanded may be committed to prison and the warrant of remand shall order that he shall be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/174.Addresses

174. Addresses

In summary trials under this Chapter--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/175.Power to award compensation

175. Power to award compensation

(1) If in any case the Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious it may, in its discretion, either on the application of the accused or on its own motion, order the complainant or the person on whose information the complaint or charge was made to pay to the accused, or to each or any of the accused where there are more than one, such compensation, not exceeding twenty-five ringgit, as the Court thinks fit:

Provided that the Court--

(2) (Omitted).

(3) At the time of awarding compensation in any subsequent civil suit relating to the same matter the Court shall take into account any sum paid or recovered as compensation under this subsection upon proof of the same.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/176.Particulars to be recorded

176. Particulars to be recorded

(1) In proceedings under this Chapter the Court shall keep a record of the particulars of each case by using and completing or causing to be completed a charge sheet in accordance with such forms as the Chief Judge may direct and, where all necessary particulars cannot conveniently be entered on any such form, by annexing to it any requisite number of continuation sheets.

(2) The particulars to be incorporated in the record shall include:

and, in the event of an appeal being lodged,

(3) The record shall be authenticated by the signature of the presiding officer of the Court, and shall be filed in such manner as the Chief Judge may direct.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/177.Transfer of cases

177. Transfer of cases

In any trial before a Magistrate in which it appears at any stage of the proceedings that from any cause the case is one which in the opinion of the Magistrate ought to be tried by some Court of higher jurisdiction than his own, or if before or during the trial application is made by the Public Prosecutor, the Magistrate shall stay proceedings and transfer the case to a higher Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/177A.Transmission of case to, and trial by, the High Court

177A. Transmission of case to, and trial by, the High Court

(1) A prosecution in respect of an offence which is to be tried by the High Court in accordance with Chapter XX, shall not be instituted except by or with the consent of the Public Prosecutor:

Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.

(2) In any prosecution pursuant to subsection (1), the accused shall be produced before the Magistrate's Court which shall, after the charge has been explained to him, transmit the case to the High Court and cause the accused to appear or be brought before that Court as soon as may be practicable:

Provided that when the accused is brought before the Magistrate's Court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead thereto.

(3) When the accused appears or is brought before the High Court in accordance with subsection (2), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/178.Commencement of trial

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XX TRIALS BEFORE THE HIGH COURT

178. Commencement of trial

(1) When the Court is ready to commence the trial, the accused shall appear or be brought before it and the charge shall be read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried.

(2) If the accused pleads guilty the plea shall be recorded, and he may be convicted on it:

Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.

(3) If the accused refuses to plead or does not plead, or if he claims to be tried, the Court shall proceed to try the case.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/179.Opening case for prosecution

179. Opening case for prosecution

(1) The officer conducting the prosecution shall open his case by stating shortly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused.

(2) He shall then examine his witnesses, who may in turn be cross-examined for the defence and, if necessary, re-examined.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/180.Procedure after conclusion of case for prosecution

180. Procedure after conclusion of case for prosecution

(1) When the case for the prosecution is concluded, the Court shall consider whether the prosecution has made out a prima facie case against the accused.

(2) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.

(3) If the Court finds that a prima facie case has been made out against the accused on the offence charged the Court shall call upon the accused to enter on his defence.

(4) For the purpose of this section, a prima facie case is made out against the accused where the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/181.Defence

181. Defence

(1) When the accused is called upon to enter on his defence he or his advocate may then open his case, stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. He may then examine his witnesses, if any, and after their cross-examination and re-examination, if any, may sum up his case:

Provided always that if any accused person elects to be called as a witness, his evidence shall be taken before that of other witnesses for the defence:

Provided also that any accused person who elects to be called as a witness may be cross-examined on behalf of any other accused person.

(2) The accused shall be allowed to examine any witness not previously named by him under the provisions of this Code if that witness is in attendance.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/182A.Procedure at the conclusion of the trial

182A. Procedure at the conclusion of the trial

(1) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.

(2) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it.

(3) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/182A.Procedure at the conclusion of the trial

182A. Procedure at the conclusion of the trial

(1) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.

(2) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it.

(3) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/183.Sentence

183. Sentence

If the accused is convicted, the Court shall pass sentence according to law.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/183A.Victim's impact statement

183A. Victim's impact statement

(1) Before the Court passes sentence according to law under section 183, the Court shall, upon the request of the victim of the offence or the victim's family, call upon the victim or a member of the victim's family to make a statement on the impact of the offence on the victim or his family.

(2) Where the victim or a member of the victim's family is for any reason unable to attend the proceedings after being called by the Court under subsection (1), the Court may at its discretion admit a written statement of the victim or a member of the victim's family.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/184- - 199.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXI TRIALS BEFORE THE HIGH COURT WITH THE AID OF ASSESSORS

184- - 199. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/199A-235.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXII TRIALS BY JURY BEFORE THE HIGH COURT

199A-235. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/235A - -251.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIII JURORS AND ASSESSORS

235A - -251. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/252- - 252A.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

252- - 252A. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/253.Procedure where there are previous convictions

253. Procedure where there are previous convictions

Where the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall be modified as follows:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/254.Public Prosecutor may decline to prosecute further at any stage

254. Public Prosecutor may decline to prosecute further at any stage

(1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.

(2) At any stage of any trial before a Sessions Court or a Magistrates Court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the Court and, if so stayed, the accused shall be discharged of and from the same.

(3) Such discharge shall not amount to an acquittal unless the Court so directs.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/254A.Reinstatement of trial after discharge

254A. Reinstatement of trial after discharge

(1) Subject to subsection (2), where an accused has been given a discharge by the Court and he is recharged for the same offence, his trial shall be reinstated and be continued as if there had been no such order given.

(2) Subsection (1) shall only apply where witnesses have been called to give evidence at the trial before the order for a discharge has been given by the Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/255.Right of accused to be defended

255. Right of accused to be defended

Subject to any express provision of law to the contrary, every person accused before any Criminal Court may of right be defended by an advocate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/256.Court may put questions to accused

256. Court may put questions to accused

(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may at any stage of a trial, without previously warning the accused, put such questions to him as the Court considers necessary.

(2) For the purpose of this section the accused shall not be sworn and he shall not render himself liable to punishment by refusing to answer the questions or by giving false answers to them, but the Court may draw such inference from the refusal or answers as it thinks just.

(3) The answers given by the accused may be taken into consideration in the trial and put in evidence for or against him in any other trial for any other offence which those answers may tend to show he has committed.

(4) The examination of the accused shall be for the purpose of enabling him to explain any circumstances appearing in evidence against him and shall not be a general examination on whatever suggests itself to the Court.

(5) The discretion given by this section for questioning an accused shall not be exercised for the purpose of inducing him to make statements criminatory of himself.

(6) It shall only be exercised for the purpose of ascertaining from an accused how he may be able to meet facts disclosed in evidence against him so that those facts may not stand against him unexplained.

(7) Questions shall not be put to the accused merely to supplement the case for the prosecution when it is defective.

(8) Whenever the accused is examined under this section by any Court other than the High Court the whole of the examination including every question put to him and every answer given by him shall be recorded in full by the courts in Peninsular Malaysia in national language and by the courts in Sabah and Sarawak in English language, and the record shall be shown or read to him or, if he does not understand the the national language or the English language,as the case may be, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

(9) When the whole has been made conformable to what the accused declares to be the truth the record shall be signed by the presiding Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/257.Case for prosecution to be explained by Court to undefended accused

257. Case for prosecution to be explained by Court to undefended accused

(1) At every trial before the Court of a Magistrate if and when the Court calls upon the accused for his defence it shall, if he is not represented by an advocate, inform him of his right to give evidence on his own behalf, and if he elects to give evidence on his own behalf shall call his attention to the principal points in the evidence for the prosecution which tell against him in order that he may have an opportunity of explaining them.

(2) The failure at any trial of any accused to give evidence shall not be made the subject of adverse criticism by the prosecution.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/258.Procedure where accused does not understand proceedings

258. Procedure where accused does not understand proceedings

If the accused, though not insane, cannot be made to understand the proceedings the Court may proceed with the trial and, in the case of the Court of a Magistrate if the trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the Court of a Judge shall make therein such order or pass such sentence as it thinks fit.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/259.Power to postpone or adjourn proceedings

259. Power to postpone or adjourn proceedings

(1) If, from the absence of a witness or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of or adjourn any inquiry or trial the Court may, by order in writing, from time to time, postpone or adjourn the same on such terms as it thinks fit for such time as it considers reasonable and may, by warrant, remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding eight days at a time:

Provided further that where a Government Medical Officer has certified that the complainant will not be able to give evidence before a certain date the accused may be remanded until such date notwithstanding that the term of remand may exceed eight days.

(2) Every order made under this section by the Court of a Magistrate shall be in writing, signed by the presiding Magistrate, and shall state the reasons for it.

Explanation--If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/260.Compounding offences

260. Compounding offences

(1) The offences punishable under the Penal Code described in the first two columns of Part A may, when no prosecution for such offence is actually pending, be compounded by the person mentioned in the third column of Part A; or when a prosecution for such offence is actually pending, be compounded by the person with the consent of the Court before which the case is pending.

(2) The offences punishable under the Penal Code described in Part B may, with the consent of the Court before which the case is pending, be compounded by the person to whom the hurt has been caused.

(3) When any offence is compoundable under this section the abetment of the offence or an attempt to commit the offence (when the attempt is itself an offence) may be compounded in like manner.

(4) When the person who would otherwise be competent to compound an offence under this section is not competent to contract any person competent to contract on his behalf may compound the offence.

(5) The composition of an offence under this section shall have the effect of an acquittal of the accused.

(6) No offence under the Penal Code not mentioned in this section shall be compounded.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/261.Change of Magistrate during hearing

261. Change of Magistrate during hearing

Whenever any Magistrate after having heard and recorded the whole or any part of the evidence in a trial ceases to exercise jurisdiction in it and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the inquiry or trial:

Provided as follows:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/262.Detention of offenders attending in Court

262. Detention of offenders attending in Court

(1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by that Court for the purpose of examination for any offence of which that Court can take cognizance and which, from the evidence, he may appear to have committed, and may be proceeded against as though he had been arrested or summoned.

(2) When the detention takes place after a trial has been begun, the proceedings in respect of that person shall be commenced afresh and the witnesses re-heard.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/263.Weekly or public holiday

263. Weekly or public holiday

No proceeding of any Criminal Court shall be invalid by reason of its happening on a weekly holiday or public holiday.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/264.Evidence to be taken in presence of accused

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXV MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

264. Evidence to be taken in presence of accused

Except as otherwise expressly provided all evidence taken under Chapters XIX and XX shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/265.Manner of recording evidence

265. Manner of recording evidence

In inquiries and trials under this Code by or before a Magistrate the evidence of the witnesses shall be recorded in the manner provided by this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/266.Recording evidence in summons cases

266. Recording evidence in summons cases

(1) In summons cases tried before a Magistrate the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what the witness deposes, and such note shall be written by the Magistrate with his own hand in legible handwriting and shall form part of the record.

(2) If the Magistrate is prevented from making a note as required in subsection (1) he shall record the reason of his inability to do so and shall cause such note to be made in writing from his dictation in open court and shall sign the same, and such note shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/267.Recording evidence in other cases

267. Recording evidence in other cases

In all other trials before a Magistrate's Court, and in all inquiries under Chapter XI, the evidence of each witness shall be taken down in legible handwriting by the presiding Magistrate and shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/268.Record to be in narrative form

268. Record to be in narrative form

(1) Evidence taken under section 267 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.

(2) The presiding Magistrate may, in his discretion, take down any particular question and answer.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/269.Reading over evidence and correction

269. Reading over evidence and correction

(1) The evidence of each witness taken in inquiries under Chapter XI shall be read over to him in the presence and hearing of the accused, if in attendance, or of his advocate, if he appears by advocate, and shall if necessary be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him the presiding Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness, and shall add such remarks as he thinks necessary.

(3) The evidence so taken down shall be interpreted to the witness, if necessary, in the language in which it was given or in a language which he understands.

(4) When the evidence has been read over to the witness and every correction, if any, asked for by him has been made or noted the witness shall subscribe the deposition with his signature, and in the event of his refusing to do so the Magistrate shall record such refusal.

(5) When a deposition has been read over to a witness and acknowledged to be correct the Magistrate shall append to the evidence of the witness a certificate signed with his signature or initials to the following effect:

"Read over (and interpreted) to the witness in the presence and hearing of the accused and admitted by the witness to be correct.".

(6) The absence of such a certificate in a deposition shall not be a bar to the deposition being received as evidence in any case in which it is desired to tender the deposition in evidence if it is proved by other evidence that the other requirements of this section were in fact complied with.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/270.Interpretation of evidence to accused

270. Interpretation of evidence to accused

(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.

(2) When documents are put in for the purpose of formal proof it shall be in the discretion of the Court to interpret as much of it as appears necessary.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/271.Remarks as to demeanour of witness

271. Remarks as to demeanour of witness

A presiding Magistrate recording the evidence of a witness may, at the conclusion of the evidence and at the foot of the notes of it, record such remarks, if any, as he thinks material respecting the demeanour of the witness while under examination.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/272.Judge to take notes of evidence

272. Judge to take notes of evidence

In all criminal cases tried before the High Court the Judge shall take down in writing notes of the evidence adduced.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272A.Other persons may be authorized to take down notes of evidence

272A. Other persons may be authorized to take down notes of evidence

Nothing in this Chapter shall prevent a Judge or Magistrate in an inquiry or trial causing verbatim notes to be taken by another person of what each witness deposes in addition to any note of a substance of it which may be made or taken by the Judge or Magistrate himself; and such note shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272B.Evidence through live video or live television links

272B. Evidence through live video or live television links

(1) Notwithstanding any other provision of this Code or the Evidence Act 1950, a person, other than the accused, may, with leave of the court, give video or live evidence through a live video or live television link in any trial or inquiry, if it is expedient in the interest of justice to do so.

(2) The Court may, in the exercise of its power under subsection(1), make an order on any or all of the following matters:

(3) The Court shall not give leave under subsection(1) or make an order under subsection(2) if, in the opinion of the Court, to do so would be inconsistent with the court's duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.

(4) Evidence given by a witness through live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in the proceedings in which it is given.

(5) Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person or his advocate, as the case may be.

(6) Where any video or live evidence given under this section is recorded on any medium, electronic or otherwise, such recording shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272C.Application of this Chapter

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVA RECORDING OF PROCEEDINGS BY MECHANICAL MEANS

272C. Application of this Chapter

Notwithstanding the provisions contained in Chapter XXV or any other provisions of this Code, or the provisions of any other written law, dealing with the mode of taking and recording of evidence, any mechanical means may be employed for the recording of any proceedings before the Special Court, the Federal Court, the Court of Appeal, the High Court, the Sessions Court, the Magistrate Court and the Court for Children and where mechanical means are employed the provisions of this Chapter shall apply.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272D.Interpretation for the purposes of this Chapter

272D. Interpretation for the purposes of this Chapter

(1) In this Chapter--

(2) A reference to a Judge in this Chapter shall be a reference to a Judge of the Special Court, the Federal Court, the Court of Appeal, the High Court or the Sessions Court, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272E.Proceedings may be recorded by mechanical means or combination of mechanical means and other modes

272E. Proceedings may be recorded by mechanical means or combination of mechanical means and other modes

(1) A Judge or Magistrate shall have the discretion to direct that any proceedings before any Court be recorded, in whole or in part, by any mechanical means or a combination of any mechanical means.

(2) Where any Judge or Magistrate directs that any proceedings be recorded by any mechanical means, the Judge or Magistrate shall satisfy himself as to the efficiency and functional capability of such mechanical means and that the mechanical means used for recording is in good working order for the purpose of ensuring that the electronic record of such proceedings is clear and accurate.

(3) Notwithstanding that any proceedings are being recorded by any mechanical means, a Judge or Magistrate may--

(4) Where a Judge or Magistrate makes a ruling that any evidence adduced is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of such evidence be erased or otherwise omitted from the record of proceedings.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272F.Electronic record to be transcribed

272F. Electronic record to be transcribed

(1) Where any proceedings before any Judge or Magistrate are recorded by any mechanical means, the Judge or Magistrate shall cause the electronic record of such proceedings to be transcribed by any person authorized in writing by the Judge or Magistrate.

(2) Where any person authorized to transcribe under subsection(1) is not a public servant, such person shall be deemed to be a public servant within the meaning of the Penal Code [Act 574 ] while discharging his duties as such transcriber.

(3) Upon the production of the transcript by any person authorized under subsection (1), the Judge or Magistrate shall ascertain the accuracy and reliability of such transcript and where the Judge or Magistrate makes a ruling that any evidence recorded is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of such evidence be excluded from the record of proceedings.

(4) The transcript shall be authenticated by the signature of the Judge or Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272G.Safe custody of electronic record and transcript

272G. Safe custody of electronic record and transcript

(1) The Judge or Magistrate shall cause any electronic record of any proceedings before the Judge or Magistrate and the authenticated copy of the transcript of such electronic record to be kept in safe custody.

(2) The electronic record shall not be erased, destroyed or otherwise disposed of--

(3) Upon compliance with subsection (2), the provisions of the National Archives Act 2003 [ Act 629] shall apply for the destruction and disposal of the electronic record and transcript.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272H.Transcript of statement, evidence or deposition of person or witness.

272H. Transcript of statement, evidence or deposition of person or witness.

(1) Where it is required by law that any statement, evidence or deposition of any person or witness is to be read over to and signed by such person or witness, or that any statement, evidence or deposition is to be reduced to or taken down in writing and signed, or there is any other procedure to the like effect, it shall be sufficient for all purposes if such statement, evidence or deposition is recorded and transcribed in accordance with this Chapter.

(2) Notwithstanding that any statement, evidence or deposition has been recorded and transcribed under subsection (1), the transcript of such statement, evidence or deposition may be read over to and signed by the person or witness making such statement, evidence or deposition in accordance with section269.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272I.Transcript to form part of record or notes of proceedings or evidence

272I. Transcript to form part of record or notes of proceedings or evidence

A reference in any law to the record or notes of proceedings or evidence shall include a reference to the authenticated copy of any transcript of any electronic record and such transcript shall form part of the record or notes of proceedings or evidence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272J.Electronic filing, lodgement, submission and transmission of document

272J. Electronic filing, lodgement, submission and transmission of document

Where any document relating to any proceedings is required to be filed, lodged with, submitted or transmitted to the Court, such filing, lodgement, submission or transmission may be done electronically as may be determined by the Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272K.Issuance of Practice Direction

272K. Issuance of Practice Direction

The Chief Justice may, where necessary, issue Practice Direction relating to the use of mechanical means and any matter related to it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/273.Mode of delivering judgment

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVI JUDGMENT

273. Mode of delivering judgment

The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open court, either immediately or at some subsequent time of which due notice shall be given to the parties or their advocates, and the accused shall, if in custody, be brought up or, if not in custody, shall be required to attend to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/274.Omitted or Deleted Section

274. Omitted or Deleted Section

(Deleted by F.M. No. 1 of 1948).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/275.Sentence of death not to be passed on pregnant woman

275. Sentence of death not to be passed on pregnant woman

Where a woman convicted of an offence punishable with death is alleged to be pregnant, or where the Court before whom a woman is so convicted thinks fit, the Court shall direct one or more medical practitioners to be sworn to examine that woman in some private place and to enquire whether she is pregnant or not, and if upon the report of any of them it appears that she is pregnant the sentence to be passed upon her shall be a sentence of imprisonment for life^* instead of sentence of death.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/276.Judgment in the alternative

276. Judgment in the alternative

When a conviction is under the Penal Code and it is doubtful under which of two sections or under which of two parts of the same section of that Code the offence falls, the Court shall state accordingly and pass judgment in the alternative.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/277.Judgment of death

277. Judgment of death

When any person is sentenced to death the sentence shall direct that he be hanged by the neck till he is dead, but shall not state the place where nor the time when the sentence is to be carried out.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/278.Judgment not to be altered

278. Judgment not to be altered

No Court, other than a High Court, having once recorded its judgment, shall alter or review the same:

Provided that a clerical error may be rectified at any time, and that any other mistake may be rectified at any time before the Court rises for the day.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/279.Judgment to be explained to accused and copy supplied

279. Judgment to be explained to accused and copy supplied

The judgment shall be explained to the accused and on his application a copy of the judgment or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay. Such copy shall, in any case other than a summons case, be given free of cost.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/280.Judgment to be filed with record

280. Judgment to be filed with record

The original judgment shall be entered on and if written filed with the record of proceedings.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/281.Provisions as to execution of sentences of death

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVII SENTENCES AND THE CARRYING OUT OF IT

281. Provisions as to execution of sentences of death

With regard to sentences of death the following provisions shall be followed:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/282.Provisions as to execution of sentences of imprisonment

282. Provisions as to execution of sentences of imprisonment

With regard to sentences of imprisonment the following provisions shall be followed:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/283.Provisions as to sentences of fine

283. Provisions as to sentences of fine

(1) Where any fine is imposed under the authority of any law for the time being in force, then, in the absence of any express provision relating to the fine in such law contained, the following provisions shall apply--

(2) A warrant for the levy of a fine may be executed at any place in Malaysia, but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or by a First Class Magistrate having jurisdiction in the State in which it is to be executed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/284.Suspension of execution in certain cases

284. Suspension of execution in certain cases

When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine and the Court issues a warrant under section283, it may suspend the execution of the sentence of imprisonment and may release the offender on his executing a bond, with or without sureties as the Court thinks fit, conditioned for his appearance before that Court on the day appointed for the return to the warrant, such day not being more than fifteen days from the time of executing the bond; and in the event of the fine not having been realised the Court may direct the sentence of imprisonment to be carried into execution at once.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/285.Warrant by whom issuable

285. Warrant by whom issuable

Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence or by his successor or other Judge or Magistrate acting in his place.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/286.Place for executing sentence of whipping

286. Place for executing sentence of whipping

When the accused is sentenced to whipping only the sentence shall be executed at such place and time as the Court may direct.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/287.Time of executing such sentence

287. Time of executing such sentence

(1) When the accused is sentenced to whipping in addition to imprisonment the whipping shall not be inflicted until after the expiration of seven days from the date of the sentence or, if the imprisonment extends to fourteen days until after the expiration of fourteen days from the date of the sentence, or if an appeal is made within that time until the sentence is confirmed by the appellate court.

(2) The whipping shall be inflicted as soon as practicable after the expiration of the seven days or the fourteen days, as the case may be, or in case of an appeal as soon as practicable after the receipt of the order of the appellate court confirming the sentence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/288.Mode of executing such sentence

288. Mode of executing such sentence

(1) When the accused is sentenced to whipping the number of strokes shall be specified in the sentence. In no case shall the whipping exceed twenty-four strokes in the case of an adult or ten strokes in the case of a youthful offender, anything in any written law to the contrary notwithstanding.

(2) Whipping shall be inflicted on such part of the person as the Minister charged with responsibility for public order from time to time generally directs.

(3) The rattan used for whipping shall be not more than half an inch in diameter.

(4) In the case of an accused sentenced to whipping for an offence under section 403, 404, 406, 407, 408, 409 or 420 of the Penal Code, or a youthful offender, whipping shall be inflicted in the way of school discipline with a light rattan.

(5) When a person is convicted at one trial of any two or more distinct offences any two or more of which are legally punishable by whipping, the combined sentences of whipping awarded by the Court for any such offences shall not, anything in any written law to the contrary notwithstanding, exceed a total number of twenty-four strokes in the case of adults and ten strokes in the case of youthful offenders.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/289.Sentence of whipping forbidden in certain cases

289. Sentence of whipping forbidden in certain cases

No sentence of whipping shall be executed by instalments, and none of the following persons shall be punishable with whipping:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/290.Medical Officer's certificate required

290. Medical Officer's certificate required

(1) The punishment of whipping shall not be inflicted unless a Medical Officer is present and certifies that the offender is in a fit state of health to undergo such punishment.

(2) If, during the execution of a sentence of whipping, a Medical Officer certifies that the offender is not in a fit state of health to undergo the remainder of the sentence the whipping shall be finally stopped.

(3) Where whipping is inflicted under section 293 a Medical Officer need not be present, but such whipping shall not be inflicted unless it appears to the Court that the offender is in a fit state of health to undergo the same.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/291.Procedure if whipping cannot be inflicted

291. Procedure if whipping cannot be inflicted

(1) In any case in which under section290 a sentence of whipping is wholly or partially prevented from being executed the offender shall be kept in custody till the Court which passed the sentence can revise it, and the said Court may in its discretion either remit the sentence or sentence the offender instead of whipping, or instead of so much of the sentence of whipping as was not executed, to imprisonment for a term which may extend to twenty-four months, which may be in addition to any other punishment to which he has been sentenced for the same offence.

(2) Nothing in this section shall be deemed to authorize any Court to inflict imprisonment for a term exceeding that to which the accused is liable by law or which the said Court is competent to inflict.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/292.Commencement of sentence of imprisonment on prisoner already undergoing imprisonment

292. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment

(1) When a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced to imprisonment, such imprisonment shall commence either immediately or at the expiration of the imprisonment to which he has been previously sentenced, as the Court awarding the sentence may direct.

(2) A sentence of death shall be executed notwithstanding the pendency of any sentence of imprisonment.

(3) Nothing in subsection (1) shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/293.Youthful offenders

293. Youthful offenders

(1) When any youthful offender is convicted before any Criminal Court of any offence punishable by fine or imprisonment, the Court may, instead of awarding any term of imprisonment in default of payment of the fine or passing a sentence of imprisonment--

(2) (Deleted by Act A1274).

(3) When any order has been made under paragraph (1)(b) and the Court has reason to believe that the behaviour of the offender during the period specified in the order is not good or that the offender has not complied with any direction included in the order the Court may issue a notice addressed to the offender and to the parent, guardian, relative or other person to whom the offender has been delivered or under whose supervision the offender has been ordered to remain to show cause why that offender should not be dealt with under paragraph (1)(d) and if cause is not shown to the satisfaction of the Court, the Court may cancel the order made under the said paragraph (1)(b) and substitute for it as from the date of the cancellation an order under the Child Act 2001, and may if necessary issue a warrant for the apprehension of that offender so that effect may be given to the order.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/294.First offenders

294. First offenders

(1) When any person has been convicted of any offence before any Court if it appears to the Court that regard being had to the character, antecedents, age, health or mental condition of the offender or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties and during such period as the Court may direct to appear and receive judgment if and when called upon and in the meantime to keep the peace and be of good behaviour.

(2) The Court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution or some portion of the same within that period and by such instalment as may be directed by the Court.

Section 432 shall be applicable to any direction made under this subsection.

(3) If a Court having power to deal with the offender in respect of his original offence, or any Court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.

(4) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate, and the Magistrate may either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment.

(5) The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/294A.Conditions of bonds

294A. Conditions of bonds

When any person is required by any Court to execute a bond with or without sureties and in such bond the person executing it binds himself to keep the peace or binds himself to be of good behaviour the Court may require that there be included in the bond one or more of the following conditions namely:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/295.Sentence of police supervision

295. Sentence of police supervision

(1) When a person having previously been convicted of an offence punishable with imprisonment for a term of two years or upwards is convicted of any other offence also punishable with imprisonment for a term of two years or upwards--

(1A) When a person is convicted of an offence under section 376, 377C, 377CA or 377E of the Penal Code before any Court, whether or not he has previously been convicted of any offence, the Court shall direct that he be subject to the supervision of the police for a period of not less than one year and not more than three years commencing immediately after the expiration of the sentence passed on him.

(2) When any person subject to the supervision of the police is, while still subject to such supervision, sentenced to a term of imprisonment within Malaysia any term spent in prison shall be excluded from the period of supervision.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/295A.Rehabilitative counseling

295A. Rehabilitative counseling

(1) The Court may in addition to the order made under subsection 295(1A) order a period of rehabilitative counseling for the accused person within the period of his detention.

(2) The rehabilitative counseling shall be under the Minister charged with the responsibility for prisons.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/296.Obligations of persons subject to supervision

296. Obligations of persons subject to supervision

(1) Every person subject to the supervision of the police who is at large within Malaysia shall--

(2) Every person subject to the supervision of the police, if a male, shall once in each month report himself at such time as is prescribed by the Chief Police Officer of the State in which he resides either to the Chief Police Officer himself or to such other person as that officer directs, and the Chief Police Officer or other person may upon each occasion of such report being made take or cause to be taken the finger prints of the person so reporting.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/297.Penalty for non-compliance with section 296

297. Penalty for non-compliance with section 296

If any person subject to the supervision of the police who is at large within Malaysia--

he shall in every such case unless he proves to the satisfaction of the Court before which he is tried that he did his best to act in conformity with the law be liable to imprisonment for one year.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/298.Omitted or Deleted Section

298. Omitted or Deleted Section

(Deleted by Act A1274).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/299.Return of warrant

299. Return of warrant

When a sentence has been fully executed the officer executing it shall return the warrant to the Court from which it issued with an endorsement under his hand certifying the manner in which the sentence has been executed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/300.Power to suspend or remit sentence

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVIII SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES

300. Power to suspend or remit sentence

(1) When any person has been sentenced to punishment for an offence the Ruler of the State acting in accordance with Article 42 of the Constitution, in which the offence was committed or in which the conviction was had may at any time, without conditions, or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to a Ruler for the suspension or remission of a sentence the Ruler may require the convicting Judge or Magistrate to state his opinion as to whether the application should be granted or refused and the Judge or Magistrate shall state his opinion accordingly.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Ruler by whom it was granted, not fulfilled, the Ruler may cancel the suspension or remission; whereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer without warrant and remanded by a Magistrate to undergo the unexpired portion of the sentence.

(4) Nothing herein contained shall be deemed to interfere with the right of the Ruler of any State to grant pardons, reprieves, respites or remissions of punishment.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/301.Power to commute punishment

301. Power to commute punishment

The Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/302.Person once convicted or acquitted not to be tried again for same offence

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIX PREVIOUS ACQUITTALS OR CONVICTIONS

302. Person once convicted or acquitted not to be tried again for same offence

(1) A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal remains in force, not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 166 or for which he might have been convicted under section 167.

(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection 165(1).

(3) A person convicted of any offence constituted by any act causing consequences which, together with that act, constituted a different offence from that of which he was convicted, may be afterwards tried for that last-mentioned offence, if the consequences had not happened or were not known to the Court to have happened at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding the acquittal or conviction, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

(5) The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.

ILLUSTRATIONS

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/303.Plea of previous acquittal or conviction

303. Plea of previous acquittal or conviction

(1) The plea of a previous acquittal or conviction may be pleaded either orally or in writing, and may be in the following form or to the following effect--

The defendant says that by virtue of section 302 of the Criminal Procedure Code he is not liable to be tried.

(2) Such plea may be pleaded together with any other plea, but the issue raised by the plea shall be tried and disposed of before the issues raised by the other pleas are tried.

(3) On the trial in the High Court of an issue on a plea of a previous acquittal or conviction the depositions transmitted to the Court on the former trial, together with the notes of the Judge if available, and the depositions transmitted to the Court on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/303A.Appeals from Sessions Courts

Part VII APPEAL AND REVISION

Chapter XXX APPEALS TO THE HIGH COURT

303A. Appeals from Sessions Courts

Any reference in this Chapter to a Magistrate and a Magistrate's Court shall be deemed to include a reference to a Sessions Court Judge, or a Sessions Court, as the case may be; and the expressions "Magistrate" and "Magistrate's Court" shall be construed accordingly.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/304.Cases in which no appeal lies

304. Cases in which no appeal lies

No appeal shall lie from a judgment, sentence or order of a Magistrate in the case of any offence punishable with fine only not exceeding twenty-five ringgit.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/305.When plea of guilty limited right of appeal

305. When plea of guilty limited right of appeal

When an accused person has pleaded guilty and been convicted by a Magistrate on that plea, there shall be no appeal except as to the extent or legality of the sentence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/306.Appeal against acquittal

306. Appeal against acquittal

When an accused person has been acquitted by a Magistrate there shall be no appeal except by, or with the sanction in writing of, the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/307.Procedure for appeal

307. Procedure for appeal

(1) Except in any case to which section304 applies and subject to sections305 and 306 any person who is dissatisfied with any judgment, sentence or order pronounced by any Magistrate's Court in a criminal case or matter to which he is a party may prefer an appeal to the High Court against that judgment, sentence or order in respect of any error in law or in fact or on the ground of the alleged excessive severity or of the alleged inadequacy of any sentence by lodging, within fourteen days from the time of the judgment, sentence or order being passed or made, with the clerk of the Magistrate's Court a notice of appeal in triplicate addressed to the High Court and by paying at the same time the prescribed appeal fee.

(2) Every notice of appeal shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate.

(3) When a notice of appeal has been lodged the Court appealed from shall make a signed copy of the grounds of decision in the case and cause it to be served upon the appellant or his advocate by leaving the said copy at the address mentioned in the notice of appeal or by posting it by registered post addressed to the appellant at the said address.

(4) Within fourteen days after the copy of the grounds of decision has been served as provided in subsection (3), the appellant shall lodge with the clerk of the Magistrate's Court at which the trial was held a petition of appeal in triplicate addressed to the High Court.

(5) If the appellant within the period provided in subsection (1) for lodging his notice of appeal has applied for a copy of the notes of the evidence recorded by the Magistrate at his trial he shall lodge his petition of appeal as provided in subsection (4)--

whichever period shall be the longer.

(6) Every petition of appeal shall state shortly the substance of the judgment appealed against and shall contain definite particulars of the points of law or of fact in regard to which the Court appealed from is alleged to have erred.

(7)

(8) In the case of an appeal by the Public Prosecutor no fee shall be payable.

(9) If a petition of appeal is not lodged within the time prescribed by this section the appeal shall be deemed to have been withdrawn and the trial Court shall enforce its sentence or order if any stay of execution has been granted, but nothing herein contained shall be deemed to limit or restrict the powers conferred upon a Judge by section 310.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/308.Transmission of appeal record

308. Transmission of appeal record

When the appellant has complied with section 307 the Court appealed from shall transmit to the High Court and to the Public Prosecutor and to the advocate for the appellant a signed copy of the record of the proceedings and of the grounds of the decision together with a copy of the notice and of the petition of appeal.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/309.Omitted or Deleted Section

309. Omitted or Deleted Section

(Deleted by Act 25 of 1967).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/310.Appeal specially allowed in certain cases

310. Appeal specially allowed in certain cases

A Judge may, on the application of any person desirous of appealing who may be debarred from so doing upon the ground of his not having observed some formality or some requirement of this Code, permit an appeal upon such terms and with such directions to the Magistrate and to the parties as the Judge shall consider desirable, in order that substantial justice may be done in the matter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/311.Stay of execution pending appeal

311. Stay of execution pending appeal

Except in the case of a sentence of whipping (the execution of which shall be stayed pending appeal), no appeal shall operate as a stay of execution, but the Court below or a Judge may stay execution on any judgment, order, conviction or sentence pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court below or to the Judge may seem reasonable.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/312.Setting down appeal on list

312. Setting down appeal on list

(1) If the Judge does not reject the appeal summarily he shall hand the documents mentioned in section 308 to the Registrar, who shall number the appeal and enter it on the list of appeals to be heard and give notice to the parties that the appeal has been so entered.

(2) As soon as a date has been fixed the Registrar shall give to the parties notice of the date of hearing of the appeal.

(3) In any case a Judge may, of his own motion or on the application of a party concerned and with reasonable notice to the parties, accelerate or postpone the hearing of an appeal.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/313.Procedure at hearing

313. Procedure at hearing

(1) When the appeal comes on for hearing the appellant, if present, shall be first heard in support of the appeal, the respondent, if present, shall be heard against it, and the appellant shall be entitled to reply.

(2) If the appellant does not appear to support his appeal the Court may consider his appeal and may make such order thereon as it thinks fit:

Provided that the Court may refuse to consider the appeal or to make any such order in the case of an appellant who is out of the jurisdiction or who does not appear personally before the Court in pursuance of a condition upon which he was admitted to bail, except on such terms as it thinks fit to impose.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/314.Non-appearance of respondent

314. Non-appearance of respondent

(1) If, at the hearing of the appeal, the respondent is not present and the Court is not satisfied that the notice of appeal was duly served upon him, then the Court shall not make any order in the matter of the appeal adverse to or to the prejudice of the respondent, but shall adjourn the hearing of the appeal to a future day for his appearance, and shall issue the requisite notice to him for service through the Registrar.

(2) If the service of the last-mentioned notice cannot be effected on the respondent the Court shall proceed to hear the appeal in his absence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/315.Arrest of respondent in certain cases

315. Arrest of respondent in certain cases

When an appeal is presented against an acquittal a Judge may issue a warrant directing that the accused be arrested and brought before him, and may commit him to prison pending the disposal of the appeal or admit him to bail.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/316.Decision on appeal

316. Decision on appeal

At the hearing of the appeal the Judge may, if he considers there is no sufficient ground for interfering, dismiss the appeal, or may--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/317.Order to take further evidence

317. Order to take further evidence

(1) In dealing with any appeal under this Chapter a Judge, if he thinks additional evidence to be necessary, may either take such evidence himself or direct it to be taken by a Magistrate.

(2) When the additional evidence is taken by a Magistrate he shall certify that evidence to the High Court who shall then, as soon as may be, proceed to dispose of the appeal.

(3) Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken.

(4) The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/318.Judgment

318. Judgment

On the termination of the hearing of the appeal the Judge shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/319.Certificate and consequence of judgment

319. Certificate and consequence of judgment

(1) Whenever a case is decided on appeal by a Judge under this Chapter he shall certify his judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed.

(2) Whenever an appeal is not dismissed such certificate shall state the grounds upon which the appeal was allowed or the decision of the Magistrate's Court was varied.

(3) The Court to which a Judge certifies his judgment or order shall thereupon make such orders as are conformable to the judgment or order of the Judge and, if necessary, the record shall be amended in accordance therewith.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/320.Death of parties to appeal

320. Death of parties to appeal

Every appeal under section 306 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal against a sentence of fine) shall finally abate on the death of the appellant.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/321.Omitted or Deleted Section

321. Omitted or Deleted Section

(Deleted by Act 25 of 1967).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/322.Costs

322. Costs

(1) Subject to the following subsections, in all proceedings under this and the following Chapter a Judge shall have power to award such costs as he may deem fit to be paid by the complainant to the accused or by the accused to the complainant:

Provided that no costs whatsoever shall be awarded in any proceedings brought against an order of acquittal.

(2) Such costs shall be assessed by the Judge at the time when he gives his decision.

(3) No costs shall in any case be awarded either against or in favour of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/323.Power to call for records of subordinate Courts

Part VII APPEAL AND REVISION

Chapter XXXI REVISION

323. Power to call for records of subordinate Courts

(1) A Judge may call for and examine the record of any proceeding before any subordinate Criminal Court for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of that subordinate Court.

(2) Orders made under sections 97 and 98 are not proceedings within the meaning of this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/324.Power to order further inquiry

324. Power to order further inquiry

(1) On examining any record under section323 or otherwise, a Judge may direct the Magistrate to make, and the Magistrate shall make, further inquiry into any complaint which has been dismissed under section135, or into the case of any accused person who has been discharged.

(2) Section 303A shall apply for the construction of subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/325.Powers of Judge on revision

325. Powers of Judge on revision

(1) A Judge may, in any case the record of the proceedings of which has been called for by himself or which otherwise comes to his knowledge, in his discretion, exercise any of the powers conferred by sections 311, 315, 316 and 317 of this Code.

(2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard, either personally or by advocate, in his own defence.

(3) Nothing in this section shall be deemed to authorize a Judge to convert a finding of acquittal into one of conviction.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/326.Permission for parties to appear

326. Permission for parties to appear

No party has any right to be heard, either personally or by advocate, before a Judge when exercising his powers of revision:

Provided that the Judge may, if he thinks fit, when exercising such powers hear any party, either personally or by advocate, and that nothing in this section shall be deemed to affect subsection 325(2).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/327.Orders on revision

327. Orders on revision

When a case is revised under this Chapter by a Judge he shall certify his decision or order to the Court by which the finding, sentence or order revised was recorded or passed stating, where the finding, sentence or order has been varied, the grounds for such variation; and the Court to which the decision or order is so certified shall then make such orders as are conformable to the decision so certified and, if necessary, the record shall be amended in accordance therewith.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/328.Meaning of "cause of death"

Part VIII SPECIAL PROCEEDINGS

Chapter XXXII INQUIRIES OF DEATHS

328. Meaning of "cause of death"

In this Chapter the words 'cause of death' include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/329.Duty of police officer to investigate death

329. Duty of police officer to investigate death

(1) Every officer in charge of a police station on receiving information--

shall with the least practical delay transmit such information to the officer in charge of the police district.

(2) On receipt of the information the officer in charge of the police district or some other police officer acting under his directions and being either the officer in charge of a police station or a police officer not below the rank of sergeant shall immediately proceed to the place where the body of the deceased person is and there shall make an investigation and draw up report of the apparent cause of death, describing the wounds, fractures, bruises and other marks of injury as may be found on the body, and such marks, objects and circumstances as, in his opinion, may relate to the cause of death or the person, if any, who caused the death, and stating in what manner or by what weapon or instrument, if any, the marks appear to have been inflicted.

(3) Every police officer making an investigation under this section into the cause of any death, may exercise any or all of the special powers in relation to police investigations in seizable cases conferred on the police officer by Chapter XIII and sections 112, 113 and 114 shall apply to statements made by persons examined in the course of the investigation.

(4) The report shall be signed by the police officer by whom it was drawn up, and where the report was not drawn up by the officer in charge of the police district it shall immediately be forwarded to him.

(5) The officer in charge of the police district shall immediately forward that report to the Magistrate within the local limits of whose jurisdiction the body of the deceased was found.

(6) When the information given under subsection (1) is of such a nature that, though it affords reasonable ground for believing that a death has occurred, it is unlikely that the body of such deceased person can be found owing to its destruction by fire or otherwise or to the fact that the body is lying in a place from which it cannot be recovered, the officer referred to in subsection(2) shall nevertheless make an investigation and draw up a report, and forward the report to the nearest Magistrate who shall proceed in reference to the report as in the case of a report forwarded under subsection (5).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/330.*Duty of officer to arrange for post-mortem examination in certain cases

330.* Duty of officer to arrange for post-mortem examination in certain cases

Every officer making an investigation under section 329 shall if there appears to him any reason to suspect that the deceased came by his death in a sudden or unnatural manner or by violence or that his death resulted in any way from or was accelerated by any unlawful act or omission on the part of any other person, at once inform the nearest Government Medical Officer and, unless it appears to him that the body should be viewed by a Magistrate in situ, shall take or send the body to the nearest Government hospital or other convenient place for the holding of a post-mortem examination of the body by a Government Medical Officer:

Provided that if that officer is satisfied as to the cause of death and that the deceased came by his death by accident he may order the body to be buried immediately.

NOTE - Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code- see L.N. 1981/1952.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/331.Post-mortem examination of body

331. Post-mortem examination of body

(1) Upon receiving the information referred to in section 330 a Government Medical Officer shall, as soon as practicable, make a post-mortem examination of the body of the deceased.

(2) The Medical Officer, if it is necessary in order to ascertain the cause of death, shall extend the examination to the dissection of the body and an analysis of any portion of it, and may cause any portion of it to be transmitted to the Institute for Medical Research.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/332.Report of Government Medical Officer

332. Report of Government Medical Officer

(1) The Medical Officer making any such examination shall draw up a report of the appearance of the body and of the conclusions which he draws from it, and shall certify as to the cause of death and shall date and sign the report and transmit it to the officer in charge of the police district who shall attach it to the report forwarded under section 329(5).

(2) The report of the Medical Officer and also the report of an officer of the Institute for Medical Research on anything transmitted to him under section 331(2) shall be admissible as evidence and shall be prima facieevidence of the facts stated in it at any inquiry held under this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/333.Duty of Magistrate on receipt of report

333. Duty of Magistrate on receipt of report

(1) If the Magistrate shall be satisfied as to the cause of death without holding an inquiry under this Chapter, he shall report to the Public Prosecutor the cause of death as ascertained to his satisfaction with his reasons for being so satisfied and shall at the same time transmit to the Public Prosecutor all reports and documents in his possession connected with the matter.

(2) In all other cases the Magistrate shall proceed as soon as may be to hold an inquiry under this Chapter.

(3) It shall not be necessary for the Magistrate to hold any inquiry under this Chapter or to make any report under subsection(1) if any criminal proceedings have been instituted against any person in respect of any act connected with the death of the deceased or such hurt as caused the death.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/334.Inquiry into cause of death of a person in custody of police or in any asylum

334. Inquiry into cause of death of a person in custody of police or in any asylum

When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/335.Powers of Magistrate

335. Powers of Magistrate

(1) A Magistrate holding an inquiry under this Chapter shall have all the powers which he would have in holding an inquiry into an offence.

(2) A Magistrate holding an inquiry under this Chapter if he considers it expedient that the body of the deceased person should be examined by a Medical Officer in order to discover the cause of death may, whether a post-mortem examination has been made under section331 or not, issue his order to a Medical Officer to make a post-mortem examination of the body, and may for that purpose order the body to be exhumed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/336.Magistrate may view body

336. Magistrate may view body

It shall not be necessary for a Magistrate holding an inquiry to view the body of the deceased, but the Magistrate may if he considers it expedient view the body, and may for that purpose cause the body to be exhumed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/337.Inquiries to be made by Magistrate

337. Inquiries to be made by Magistrate

A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of the death.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/338.Evidence and finding to be recorded

338. Evidence and finding to be recorded

(1) The Magistrate holding an inquiry under this Chapter shall record the evidence and his finding thereon and shall immediately transmit to the Public Prosecutor the original of such evidence and finding duly authenticated by his signature or a copy of such evidence and finding certified under his hand as correct.

(2) The place in which any inquiry of death under this Chapter is held shall be a place open to the public. But a Magistrate conducting an inquiry of death may, on special grounds of public policy or expediency, in his discretion, exclude the public or any person or persons in particular at any stage of the inquiry from the place in which the inquiry is being held.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/339.Power of Public Prosecutor to require inquiry to be held

339. Power of Public Prosecutor to require inquiry to be held

(1) The Public Prosecutor may at any time direct a Magistrate to hold an inquiry under this Chapter into the cause of, and the circumstances connected with, any death such as is referred to in sections 329 and 334, and the Magistrate to whom such direction is given shall then proceed to hold an inquiry and shall record his finding as to the cause of death and also as to any of the circumstances connected with it with regard to which the Public Prosecutor may have directed him to make inquiry.

(2) When the proceedings at any inquiry under this Chapter have been closed and it appears to the Public Prosecutor that further investigation is necessary, the Public Prosecutor may direct the Magistrate to reopen the inquiry and to make further investigation, and thereupon the Magistrate shall have full power to reopen the inquiry and make further investigation and thereafter to proceed in the same manner as if the proceedings at the inquiry had not been closed:

Provided that this subsection shall not apply to any inquiry at which a finding of murder or culpable homicide not amounting to murder has been returned against any person.

(3) When giving any direction under this section the Public Prosecutor may also direct whether the body shall or shall not be exhumed.

(4) All directions given under this section shall be complied with by the Magistrate to whom they are addressed without unnecessary delay.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/340.Admissibility of medical report in certain cases

340. Admissibility of medical report in certain cases

(1) Where on the trial of any person charged with culpable homicide amounting to murder or culpable homicide not amounting to murder it is proved that the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from Malaysia, it shall be lawful to receive any report of that Medical Officer made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.

(2) Such evidence shall be subject to such deduction from its weight as the Court deems proper to make by reason of that report not having been made upon oath and the accused person not having any opportunity of cross-examination.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/341.Custody of proceedings

341. Custody of proceedings

The Public Prosecutor shall from time to time cause to be delivered to the Registrar all proceedings transmitted to him under this Chapter, and thereupon the Registrar shall take charge of those proceedings and shall keep a proper index of them.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/341A.Power to revise

341A. Power to revise

Chapter XXXI shall also apply to all proceedings under this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/342.Procedure where accused is suspected to be of unsound mind