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Criminal Procedure Code- Part 3

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:

(a)after sentence has been pronounced a warrant, under the seal of the Court, shall be made out for the commitment of the person sentenced to the custody of the officer in charge of the district prison, and the warrant shall be full authority to the said officer, or any officer appointed by him for that purpose, for receiving into his custody and detaining the person so sentenced until the further warrant or order of the Court; 

(b)(i)in cases in which notice of appeal is not given within the prescribed period, the Judge passing sentence of death shall, as soon as conveniently may be after such period has elapsed, forward to the Menteri Besar of the State in which the crime was committed, a copy of the notes of evidence taken on the trial, together with a report in writing signed by him, setting out his opinion whether there are any reasons, and, if any, what reasons there are, why the sentence of death should or should not be carried out; 

(ii)in cases in which notice of appeal is given the Judge who passed sentence of death shall, as soon as conveniently may be after the appeal has been determined by the Court of Appeal, forward to the Federal Court the report in writing referred to in subparagraph (i); and, if the Federal Court dismisses the appeal made to it, the Judge presiding in that Court shall as soon as conveniently may be after the dismissal forward to the aforesaid Menteri Besar, the said report in writing together with a copy of the notes of evidence taken at the original trial, a copy of the record of the proceedings before the Federal Court and also such report, if any, on the case as the Federal Court may think fit to make signed by the Judge presiding in the Federal Court; 

(c)the Menteri Besar shall, upon receipt of the proceedings, submit the same to the Ruler of the State and shall communicate to the Court of the Judge passing sentence a copy under his hand and seal of any order the Ruler of the State may, acting in accordance with Article 42 of the Constitution, make thereon, which order, if the sentence is to be carried out, shall state the place where the execution is to be held, and if the sentence is commuted into any other punishment shall so state; and if the person sentenced is pardoned shall so state; 

(d)(i)on receiving the copy of the said order the Court shall cause the effect of the same to be entered in the records of the Court, and when the said order directs the sentence to be carried out shall appoint the time when it is to be carried out and shall endorse the time so appointed on the said order, and shall in all cases cause the order to be carried into effect by issuing a warrant or taking such other steps as may be necessary; 

(ii)the Ruler of the State acting in accordance with Article 42 of the Constitution may order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution; 

(iii)the warrant shall be directed to the officer in charge of the prison for the district where the sentence is to be carried into effect, who shall carry the sentence into effect, in accordance with law; 

(e)(i)there shall be present at the execution of the sentence the Medical Officer in charge of the prison, the Superintendent of Prisons, the Officer-in-Charge of the prison and such other officers of the prison as the latter may require, and there may also be present any Minister of Religion in attendance at the prison and such relations of the prisoner or other persons as the Superintendent thinks proper to admit; 

(ii)as soon as may be after judgment of death has been executed the Medical Officer shall examine the body of the person executed and shall ascertain the fact of death and shall sign a certificate thereof and deliver the same to the Officer-in-Charge; 

(iii)a Magistrate of the district shall, within twenty-four hours after the execution, hold an inquiry and satisfy himself of the identity of the body and whether judgment of death was duly executed thereon, and he shall make a report of it to the Menteri Besar of the State; 

(f)when a sentence of death is avoided by the escape of the person sentenced to death execution of the sentence shall be carried into effect at such other time after his recapture as the Court shall order; 

(g)no omission or error as to time and place and no defect in form in any order or warrant given under this section and no omission to comply with the provisions of paragraph (e) shall be held to render illegal any execution carried into effect under the order or warrant, or intended so to have been carried into effect, or shall render any execution illegal which would otherwise have been legal. 

 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:

(a)where the accused is sentenced to imprisonment the Court passing the sentence shall immediately forward a warrant to the prison in which he is to be confined and, unless the accused is already confined in that prison, shall forward him in the custody of the police to that prison with the warrant; 

(b)every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the prison or other place in which the prisoner is or is to be confined; 

(c)when the prisoner is to be confined in a prison the warrant shall be lodged with the officer in charge of the prison; 

(d)every sentence of imprisonment shall take effect from the date on which it was passed unless the Court passing the sentence otherwise directs. 

 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--

(a)where no sum is expressed to which the fine may extend the amount to which the offender is liable is unlimited, but shall not be excessive; 

(b)in every case of an offence in which the offender is sentenced to pay a fine the Court passing the sentence may, in its discretion, do all or any of the following things: 

(i)allow time for the payment of the fine; 

(ii)direct payment of the fine to be made by instalments; 

(iii)issue a warrant for the levy of the amount by distress and sale of any property belonging to the offender; 

(iv)direct that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:

Provided that where time is not allowed for the payment of a fine an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the Court that the person has no property or insufficient property to satisfy the fine payable or that the levy of distress will be more injurious to him or his family than imprisonment; 

(v)direct that the person to be searched and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of such fine, the surplus, if any, being returned to him:

Provided that the money shall not be so applied if the Court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to him than his imprisonment; 

(c)the period for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale: 

(i)if the offence is punishable with imprisonment: 

Where the maximum term of imprisonment--

The period shall not exceed--

does not exceed six months

the maximum term of imprisonment

exceeds six months but does not exceed one year

six months

exceeds one year but does not exceed two years

one year

exceeds two years

half of the maximum term of imprisonment;

(ii)if the offence is not punishable with imprisonment: 

Where the fine--

The period shall not exceed--

does not exceed five hundred ringgit

one month

exceeding five hundred ringgit but does not exceed one thousand ringgit

six months

exceeding one thousand ringgit but does not exceed five thousand ringgit

one year

exceeds five thousand ringgit

three years;

(d)(Omitted); 

(e)the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law; 

(f)if, before the expiration of the time of imprisonment fixed in default of payment, such a proportion of the fine is paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate; 

(g)the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if under the sentence the offender is liable to imprisonment for a longer period than six years then at any time previous to the expiration of that period, and the death of the offender does not discharge from the liability any property which would after his death be legally liable for his debts. 

(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:

(a)females; 

(b)males sentenced to death; 

(c)males whom the Court considers to be more than fifty years of age, except males sentenced to whipping under section 376, 377C, 377CA or 377E of the Penal Code . 

 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--

(a)order the offender to be discharged after due admonition if the Court shall think fit; 

(b)order the offender to be delivered to his parent or to his guardian or nearest adult relative or to such other person as the Court shall designate on such parent, guardian, relative or other person executing a bond with or without surety or sureties, as the Court may require, that he will be responsible for the good behaviour of the offender for any period not exceeding twelve months or without requiring any person to enter into any bond make an order in respect of the offender ordering him to be of good behaviour for any period not exceeding two years and containing any directions to that offender in the nature of the conditions referred to in paragraphs 294A(a), (b) and (c) which the Court shall think fit to give; 

(c)order the offender, if a male, to be whipped with not more than ten strokes of a light cane or rattan within the Court premises and in the presence, if he desires to be present, of the parent or guardian of that offender; 

(d)deal with the offender in the manner provided by the Child Act 2001 [Act 611]; or 

(e)(i) to make an order requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the Court; 

(ii)in this paragraph, "community service" means any work, service or course of instruction for the betterment of the public at large and includes, any work performed which involves payment to the prison or local authority; and 

(iii)the community service under this paragraph shall be under the Minister charged with the responsibility for women, family and community. 

(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 bond

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:

(a)a condition that the person shall remain under the supervision of some other person named in the bond during such period as may be specified in it; 

(b)such conditions for securing the supervision as the Court may think it desirable to impose; 

(c)such conditions with respect to residence employment associations abstention from intoxicating liquors or with respect to any other matter whatsoever as the Court may think it desirable to impose. 

 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--

(a)the High Court or a Sessions Court may direct that he be subject to the supervision of the police for a period of not more than three years commencing immediately after the expiration of the sentence passed on him for the last of such offences; 

(b)a Magistrate's Court may direct that he be subject to the supervision of the police for a period of not more than one year commencing immediately after the expiration of the sentence passed on him for the last of such offences. 

(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--

(a)notify the place of his residence to the officer in charge of the police district in which his residence is situated; 

(b)whenever he changes his residence within the same police district notify such change of residence to the officer in charge of the police district; 

(c)whenever he changes his residence from one police district to another notify such change of residence to the officer in charge of the police district which he is leaving and to the officer in charge of the police district into which he goes to reside; 

(d)whenever he changes his residence to a place beyond the limits of Malaysia notify such change of residence and the place to which he is going to reside to the officer in charge of the police district which he is leaving; 

(e)if having changed his residence to a place beyond the limits of Malaysia he subsequently returns to Malaysia notify such return and his place of residence in Malaysia to the officer in charge of the police district in which his residence is situated. 

(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--

(a)remains in any place for forty-eight hours without notifying the place of his residence to the officer in charge of the police district in which the place is situated; 

(b)fails to comply with the requisitions of section296 on the occasion of any change of residence; 

(c)fails to comply with the requisitions of section296 as to reporting himself once in each month, 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:

(a)death; 

(b)imprisonment; 

(c)fine. 

 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

 (a)A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged upon the same facts with theft as a servant, or with theft simply, or with criminal breach of trust. 

(b)A is tried upon a charge of murder and acquitted. There is no charge of robbery but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with and tried for robbery. 

(c)A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. 

(d)A is tried and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. 

(e)A is charged and convicted of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within section. 

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)--

(a)within the period provided by such subsection, or 

(b)within a period of fourteen days from the date when a notice is left at his address for service specified in subsection (2) that a copy of the notes of evidence can be had free of charge, 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)(a)If the appellant is in prison he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by this section and pays the prescribed appeal fee. 

(b)Such officer shall immediately forward the notice and petition or the purport thereof together with the appeal fee to the clerk of the Magistrate's Court at which the trial was held. 

(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--

(a)in an appeal from an order of acquittal, reverse the order, and direct that further inquiry be made, or that the accused be re-tried, as the case may be, or find him guilty and pass sentence on him according to law; 

(b)in an appeal from a conviction or in an appeal as to sentence-- 

(i)reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried; or 

(ii)alter the finding, maintaining the sentence, or with or without altering the finding reduce or enhance the sentence or alter the nature of the sentence; 

(c)in an appeal from any other order, alter or reverse such order. 

 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--

(a)that a person has committed suicide; 

(b)that a person has been killed by another, or by an animal, or by machinery, or by an accident; 

(c)that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence; 

(d)that the body of a dead person has been found, and it is not known how he came by his death; or 

(e)that a person has died a sudden death, 

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 facie evidence 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

Part VIII SPECIAL PROCEEDINGS*

Chapter XXXIII PERSONS OF UNSOUND MIND

342. Procedure where accused is suspected to be of unsound mind

(1) When a Judge or a Magistrate holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate the fact of such unsoundness.

(2) At the investigation it shall not be necessary for the accused person to be present and the Judge or Magistrate may receive as evidence a certificate in writing signed by a Medical Officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a psychiatric hospital, or the Judge or Magistrate may, if he sees fit, take oral evidence from a Medical Officer on the state of mind of the accused person.

(3) If not satisfied that the person is capable of making his defence, the Judge or Magistrate shall postpone the trial and shall remand that person for a period not exceeding one month to be detained for observation in any psychiatric hospital in Malaysia.

(4) The Medical Director of the said psychiatric hospital shall keep that person under observation during the period of his remand and before the expiry of that period shall certify under his hand to the Court his opinion as to the state of mind of that person, and if he is unable within the period to form any definite conclusion, shall so certify to the Court and shall ask for a further remand. Such further remand may extend to a period of two months.

(5) The Public Prosecutor may at any stage of any proceedings prior to the trial order that any accused person whom he suspects to be of unsound mind be sent to a psychiatric hospital for observation for a period not exceeding one month. The Medical Director of that psychiatric hospital shall keep that person under observation during the said period and before the expiry of the said period shall certify under his hand to the Public Prosecutor his opinion as to the state of mind of that person. If the said Medical Director is unable within the said period to form any definite conclusion he shall so certify to the Public Prosecutor, and the Public Prosecutor may order that person to be detained in that psychiatric hospital for a further period not exceeding two months. The Medical Director of a psychiatric hospital may, notwithstanding anything in the Mental Health Act 2001 [Act 615], contained, detain any accused person in respect of whom an order has been made under this subsection for a period not exceeding the period specified in the order.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/343.Certificate of Medical Director

343. Certificate of Medical Director

(1) If the Medical Director shall certify that the accused person is of sound mind and capable of making his defence the Judge or Magistrate shall proceed with the trial.

(2) If the Medical Director shall certify that that person is of unsound mind and incapable of making his defence the Court shall, if satisfied of the fact, find accordingly, and thereupon the trial shall be postponed.

(3) The certificate of the Medical Director shall be receivable as evidence under this section.

(4) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in Court during proceedings under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/344.Release of person of unsound mind pending investigation or trial

344. Release of person of unsound mind pending investigation or trial

(1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Judge or Magistrate, if the offence charged is bailable, may, in his discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Judge or Magistrate or such officer as the Judge or Magistrate appoints in that behalf.

(2) If the offence charged is not bailable or if sufficient security is not given the Judge or Magistrate shall report the case to the Yang di-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State in which the trial is held and* the Ruler may, in his discretion, order the accused to be confined in a psychiatric hospital, and the Judge or Magistrate shall give effect to such order.

NOTE - Throughout this Chapter, references to "the Ruler" shall be construed as "the Yang di-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State" -see paragraph 2(ii) of Act A365/76.

(3) Pending the order of the Ruler the accused may be committed to a psychiatric hospital for safe custody.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/345.Resumption of trial

345. Resumption of trial

When the accused has been released under section 344 the Court may at any time require the accused to appear or be brought before it and may again proceed under section 342.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/346.Omitted or Deleted Section

346. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/347.Judgment of acquittal on ground of mental disorder

347. Judgment of acquittal on ground of mental disorder

Whenever any person is acquitted upon the ground that at the time at which he is alleged to have committed an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/348.Safe custody of person acquitted

348. Safe custody of person acquitted

(1) Whenever the finding states that the accused person committed the act alleged, the Court before which the trial has been held shall, if that act would, but for incapacity found, have constituted an offence, order that person to be kept in safe custody in such place and manner as the Court thinks fit and shall report the case for the orders of the Ruler of the State in which the trial is held:

Provided that if the Court concerned is a Magistrate's Court, the Magistrate may in his discretion, if he considers that the offence charged is not of a serious nature and that that person can safely be released without danger of his doing injury to himself or any other person, caution and discharge him.

(2) The Ruler may order that person to be confined in a psychiatric hospital during the pleasure of the Ruler of the State.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/349.Procedure where prisoner of unsound mind is reported able to make his defence

349. Procedure where prisoner of unsound mind is reported able to make his defence

When any person is confined under section 344 in a psychiatric hospital, and the Visitors and Medical Director thereof jointly certify that in their opinion that person is capable of making his defence, he shall be taken before a Judge or Magistrate, as the case may be, at such time as the Judge or Magistrate appoints, and the Judge or Magistrate shall proceed with the trial and the aforesaid certificate of the Visitors and Medical Director shall be receivable as evidence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/350.Procedure where person of unsound mind is reported fit for discharge

350. Procedure where person of unsound mind is reported fit for discharge

When any person is confined under section 348 in a psychiatric hospital, and the Visitors and Medical Director thereof shall jointly certify that in their judgment that person may be safely discharged without danger of his doing injury to himself or any other person, the Ruler may thereupon order that person to be discharged from such psychiatric hospital.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/351.Delivery of person of unsound mind to care of relative

351. Delivery of person of unsound mind to care of relative

(1) Whenever any relative or friend of any person confined in a psychiatric hospital under section 344 or 348 makes application that that person be delivered over to his care or custody and gives security to the satisfaction of the Ruler that that person shall be properly taken care of and shall be prevented from doing injury to himself or any other person, the Ruler may in his discretion, after consulting the Visitors and the Medical Director of that psychiatric hospital, order that person to be delivered to that relative or friend:

Provided that if the person is confined under section 344, the Ruler may further require the relative or friend to give security to the satisfaction of the Ruler that if at any time it shall appear to the Ruler that that person is capable of making his defence, that relative or friend shall produce that person for trial.

(2) Whenever such person is so delivered it shall be on condition that he shall be produced for the inspection of such officer and at such times as the Ruler directs.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/352. Interpretation of "psychiatric hospital" and "Visitors"

352. Interpretation of "psychiatric hospital" and "Visitors"

In this Chapter-- 

 (a)" psychiatric hospital" mean an approved psychiatric hospital established under the Mental Health Act 2001; and 

(b)" Visitors" means the members of the Board of Visitors appointed under section 38 of the Mental Health Act 2001 and for the time being acting under section 40 of that Act. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/352A.Omitted or Deleted Section

352A. Omitted or Deleted Section

(Deleted by Act A1132 ).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/353.Procedure as to offences committed in Court

Part VIII SPECIAL PROCEEDINGS

Chapter XXXIV PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

353. Procedure as to offences committed in Court

When any such offence as is described in section 175, 178, 179, 180 or 228 of the Penal Code is committed in the view or presence of any Magistrate's Court, whether civil or criminal, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to a fine not exceeding fifty ringgit and in default of payment, to imprisonment for a term which may extend to two months.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/354.Record of facts constituting the offence

354. Record of facts constituting the offence

(1) In every such case the Court shall record the facts constituting the offence, with the statement, if any, made by the offender as well as the finding and sentence.

(2) If the offence is an offence punishable under section228 of the Penal Code the record must show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/355.Alternative procedure

355. Alternative procedure

If the Court, in any case, considers that a person accused of any of the offences referred to in section 353 and committed in its view or presence, may be better dealt with by ordinary process of law, the Court, after recording the facts constituting the offence and the statement of the accused as provided in section354, may direct the accused to be prosecuted, and may require security to be given for the appearance of the accused person before a Magistrate or, if sufficient security is not given, may forward that person, under custody, to a Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/356.Power to remit punishment

356. Power to remit punishment

When any Court has, under section 353, adjudged an offender to punishment for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of the Court or on apology being made to its satisfaction.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/357.Refusal to give evidence

357. Refusal to give evidence

If any witness before a Magistrate's Court refuses to answer such questions as are put to him or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, that Court may, for reasons to be recorded in writing, sentence him to imprisonment for any term not exceeding seven days, unless in the meantime that person consents to be examined and to answer or to produce the document. In the event of his persisting in his refusal he may be dealt with according to section 353 or 355 notwithstanding any sentence he may have undergone under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/358.Appeal

358. Appeal

(1) Any person sentenced by any lower Court under this Chapter may appeal to the High Court.

(2) Chapter XXX shall, so far as they are applicable, apply to appeals under this section, and the appellate court may alter or reverse the finding or reduce, alter or reverse the sentence appealed against.

(3) Chapter XXXI shall also apply to all proceedings by a Magistrate under this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/359.Magistrate not to try certain offences committed before himself

359. Magistrate not to try certain offences committed before himself

Except as provided in sections 353 and 357 no Magistrate shall try any person for any offence referred to in section 129 when the offence is committed before himself or in contempt of his authority, or is brought under his notice as such Magistrate in the course of a judicial proceeding.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/360-364.Omitted or Deleted Section

Part VIII SPECIAL PROCEEDINGS

Chapter XXXV MAINTENANCE OF WIVES AND CHILDREN

360-364. Omitted or Deleted Section

(Deleted by Ord. No. 36 of 1950).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/365.Power of High Court to make certain orders

Part VIII SPECIAL PROCEEDINGS

Chapter XXXVI DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

365. Power of High Court to make certain orders

The High Court may whenever it thinks fit direct--

(1) that any person who:

(a)is detained in any prison within the limits of Malaysia on a warrant of extradition whether under the Extradition Act 1992 [ Act 479] ; or 

(b)is alleged to be illegally or improperly detained in public or private custody within the limits of Malaysia, be set at liberty;

(2) that any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/366.Form of application

366. Form of application

Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by affidavit stating where and by whom the person is detained and, so far as they are known, the facts relating to the detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/367.Affidavit, by whom signed

367. Affidavit, by whom signed

The affidavit required by section 366 shall be made by the person detained or alleged to be detained unless it be shown that by reason of restraint or coercion or other sufficient cause he is unable to make it, in which case it shall be made by some other person.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/368.Copy of warrant

368. Copy of warrant

When an application is made under section 366 to bring up before the Court a person in custody under a warrant to detain that person a copy of the warrant under which he is detained, obtained from and authenticated by the signature of the person in whose custody the applicant is, shall be produced to the Court, or it shall be shown by affidavit that it has been asked for and refused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/369.Defendant in custody under writ of attachment to be brought before Court

369. Defendant in custody under writ of attachment to be brought before Court

The officer in charge of a defendant in custody under a writ of attachment shall, as soon as possible after the arrest, bring the person before the Court to be dealt with according to law, and if he shall fail to do so the Court shall immediately order the said defendant to be brought before it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/370.Warrant to be prepared

370. Warrant to be prepared

In any case in which the Court shall order a person in custody to be brought before it a warrant in writing shall be prepared and signed by the Registrar and sealed with the seal of the Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/371.Service of warrant

371. Service of warrant

Such warrant shall unless otherwise ordered be delivered to the applicant or his advocate who shall cause it to be served personally upon the person to whom it is directed or otherwise as the Court shall direct.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/372.Attendance of prisoner in criminal case

372. Attendance of prisoner in criminal case

(1) Whenever the presence of any person detained in a prison situate within Malaysia is required in any Criminal Court, that Court may issue a warrant addressed to the officer in charge of the prison requiring the production of that person before the Court in proper custody at a time and place to be named in the warrant.

(2) The officer in charge of the prison shall cause the person named in the warrant to be brought as directed and shall provide for his safe custody during his absence from prison.

(3) Every such Court may by endorsement on such warrant require the person named in it to be brought up at any time to which the matter in which the person is required is adjourned.

(4) Every warrant shall be sealed with the seal of the Court and signed by the Registrar or Magistrate as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/373.Duty of officer to whom warrant is addressed

373. Duty of officer to whom warrant is addressed

The officer to whom any warrant is addressed under this Chapter shall act in accordance with it and shall provide for the safe custody of the prisoner during his absence from prison for the purpose mentioned in the warrant.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/374.Appeal

374. Appeal

Any person aggrieved by any decision or direction of the High Court under this Chapter may appeal to the Federal Court within thirty days from the date of the decision or direction appealed against.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/375.No application to banishment warrant

375. No application to banishment warrant

Nothing in this Chapter contained shall apply to any person detained in public custody under the provisions of any law in force for the time being relating to banishment.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/376.Public Prosecutor

Part IX SUPPLEMENTARY PROVISIONS

Chapter XXXVII THE PUBLIC PROSECUTOR

376. Public Prosecutor

(1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code.

(1A) (Deleted by Act A365).

(2) The Solicitor-General shall have all powers of a Deputy Public Prosecutor and shall act as Public Prosecutor in case of the absence or inability to act of the Attorney General.

(3) The Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally and he may designate any of such Deputy Public Prosecutors as Senior Deputy Public Prosecutors.

(3A) The Public Prosecutor may appoint fit and proper persons to be Assistant Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and, subject to such limitations or restrictions as may be specified by the Public Prosecutor, shall have all the powers of a Deputy Public Prosecutor.

(4) The rights and powers vested in or exercisable by the Public Prosecutor by subsections (3) and 68(2) shall be exercisable by the Public Prosecutor personally.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/377.Conduct of prosecutions in Court

377. Conduct of prosecutions in Court

Every criminal prosecution before any court and every inquiry before a Magistrate shall, subject to the following sections, be conducted--

(a)by the Public Prosecutor, a Senior Deputy Public Prosecutor, a Deputy Public Prosecutor or an Assistant Public Prosecutor; 

(b)subject to the control and direction of the Public Prosecutor, by the following persons who are authorized in writing by the Public Prosecutor: 

(1)an advocate; 

(2)a police officer not below the rank of Inspector; 

(3)an officer of any Government department; 

(4)an officer of any local authority; 

(5)an officer of any statutory authority or body; or 

(6)any person employed or retained by any local authority or any statutory authority or body; 

provided that in any district in which it may be impracticable, without an unreasonable amount of delay or expense, that such prosecutions or inquiries should be so conducted it shall be lawful for the Public Prosecutor from time to time, by notification in the Gazette, to direct that prosecutions may be conducted in that district by a police officer below the rank of Inspector.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/378.No one to appear for Public Prosecutor

378. No one to appear for Public Prosecutor

No person shall appear on behalf of the Public Prosecutor on any criminal appeal other than the Public Prosecutor, Senior Deputy Public Prosecutor or a Deputy Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/379.Employment of advocate

379. Employment of advocate

With the permission in writing of the Public Prosecutor an advocate may be employed on behalf of the Government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the Public Prosecutor. The advocate shall be paid out of the public funds such remuneration as may be sanctioned by the Minister of Finance and while conducting such prosecution or inquiry, or appearing on such criminal appeal or point of law reserved, shall be deemed to be a "public servant".

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/380.Prosecution by private persons

380. Prosecution by private persons

Notwithstanding anything in this Chapter contained, any private person may appear in person or by advocate and prosecute for an offence against his own person or property in a non-seizable case in the Court of a Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/380A.Sections 377 and 380 to prevail over other laws

380A. Sections 377 and 380 to prevail over other laws

Sections 377 and 380 shall prevail notwithstanding any inconsistency with any other written law.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/381--386.Omitted or Deleted Section

381--386. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/387.When person may be released on bail

Part IX SUPPLEMENTARY PROVISIONS

Chapter XXXVIII BAIL

387. When person may be released on bail

(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court and is prepared at any time while in the custody of the officer or at any stage of the proceedings before the Court to give bail, that person shall be released on bail by any police officer in charge of a police station or by any police officer not under the rank of Corporal or by that Court.

(2) The police officer or the Court, if he or it thinks fit, may instead of taking bail from that person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/388.When person accused of non-bailable offence may be released on bail

388. When person accused of non-bailable offence may be released on bail

(1) When any person accused of any non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court, he may be released on bail by the officer in charge of the police district or by that Court, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life:

Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds, for believing that the accused has committed a non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or at the discretion of that officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3) An officer or a Court releasing any person on bail under subsections (1) or (2) shall record in writing the reasons for so doing.

(4) If at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of the offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.

(5) Any Court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to custody.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/389.Amount of bond

389. Amount of bond

The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested, but shall not be excessive; and a Judge may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail or that the bail required by a police officer or Court be reduced or increased.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/390.Bond to be executed

390. Bond to be executed

(1) Before any person is released on bail, or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by that person, and when he is released on bail by one or more sufficient sureties, conditioned that person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.

(2) If the case so requires the bond shall also bind the person released on bail to appear when called upon at the High Court or other Court to answer the charge.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/391.Person to be released

391. Person to be released

(1) As soon as the bond has been executed the person for whose appearance it has been executed shall be released and when he is in prison the Court admitting him to bail shall issue an order of release to the officer in charge of the prison, and that officer, on receipt of the order, shall release him.

(2) Nothing in this section, section 387 or 388 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/392.When warrant of arrest may be issued against person bailed

392. When warrant of arrest may be issued against person bailed

If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court admitting him to bail may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/393.Sureties may apply to have bond discharged

393. Sureties may apply to have bond discharged

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond either wholly or so far as relates to the applicants.

(2) On such application being made the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of the person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged, either wholly or so far as relates to the applicants and shall call upon that person to find other sufficient sureties and if he fails to do so may commit him to custody.

(4) A surety may at any time arrest the person for whose attendance and appearance he is a surety and immediately bring him before a Magistrate, who shall then discharge that surety's bond and shall call on that person to find other sufficient surety, and if he fails to do shall commit him to custody.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/394.Appeal

394. Appeal

Any person aggrieved by any order or refusal of any inferior Court made under this Chapter may appeal to the High Court, which may confirm, vary or reverse the order of the inferior Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/395.Procedure where person able to give material evidence is dangerously ill

Part IX SUPPLEMENTARY PROVISIONS

Chapter XXXIX SPECIAL PROVISIONS RELATING TO EVIDENCE

395. Procedure where person able to give material evidence is dangerously ill

(1) Whenever it appears to a Magistrate that any person able to give material evidence, either for the prosecution or defence, touching a seizable offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law the said Magistrate may take the deposition of that person provided such reasonable notice as the case admits of has been given to the prosecutor and the accused of his intention to take it and of the time and place at which he intends to take it.

(2) If the accused is in custody a Magistrate may order the officer in charge of the prison to convey him to the place, at the time notified, and the said officer shall convey him accordingly.

(3) When it is proved at the trial of the said accused for any offence to which that deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when the same was taken, if it is certified under the hand of the Magistrate who took it and the contrary is not proved or if it is shown by extrinsic evidence that--

(a)the deponent was at the time of his examination dangerously ill as aforesaid; 

(b)the said deposition was duly taken at the place and time notified; and 

(c)reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence, so that he or his advocate might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/396.Evidence of persons not called as witness

396. Evidence of persons not called as witness

(1) Where it is likely that--

(a)the attendance of a person who is to give evidence cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable; or 

(b)a person who is to give evidence may become incapable of giving evidence, 

the Public Prosecutor may make an oral application to the Court which has jurisdiction to try the case for the production of that person before the Court for the purpose of recording that person's evidence on oath.

(2) The Court shall, upon such application being made, issue a summons or order for the attendance of the person, if the person is under custody, directed to the person in charge of the place where such person is placed, requiring him to produce the person at the time and place specified in the order.

(3) The Court shall record the evidence of the person and complete such recording within seven days from the date of the production of that person before him.

(4) In the course of recording the evidence of the person under subsection (3), the person shall be examined in accordance with the Evidence Act 1950.

(5) The Court shall cause the evidence to be reduced into writing.

(6) Notwithstanding anything contained in this Code or any other written law to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/397.Deposition of medical witness

397. Deposition of medical witness

The High Court if satisfied that grave inconvenience would otherwise be caused may, if it thinks fit, allow the deposition of a Government Medical Officer or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial before such Court although the deponent is not called as a witness.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/398.Omitted or Deleted Section

398. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/399.Reports of certain persons

399. Reports of certain persons

(1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or analysed by him or any document purporting to be a report under the hand of the Registrar of Criminals upon any matter or thing relating to finger impressions submitted to him for report may be given in evidence in any inquiry, trial or other proceeding under this Code unless that person or Registrar shall be required to attend as a witness--

(a)by the Court; or 

(b)by the accused, in which case the accused shall give notice to the Public Prosecutor not less than three clear days before the commencement of the trial: 

Provided always that in any case in which the Public Prosecutor intends to give in evidence any such report he shall deliver a copy of it to the accused not less than ten clear days before the commencement of the trial.

(2) The following are persons to whom the provisions of this section apply:

(a)officers of the Institute for Medical Research; 

(b)*Government Medical Officers; 

See- L.N. 198/1952.

(c)chemists in the employment of any Government in Malaysia or of the Government of Singapore; 

(d)any person appointed by the Minister by notification in the Gazette, to be a Document Examiner; 

(e)Inspector of Weights and Measures appointed as such under any written law relating to weights and measures in force in Malaysia; and 

(f)any person or class of persons to whom the Minister by notification in the Gazette declares that the provisions of this section shall apply. 

(3) The persons referred to in subsection (2) and the Registrar of Criminals are by this Code bound to state the truth in reports made under their hands.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/399A.Report of Central Bank on currency note or coin

399A. Report of Central Bank on currency note or coin

Where in any criminal proceeding it is necessary to decide whether a currency note or coin is or not forged, a certificate signed by the Governor of the Central Bank or any officer authorized in writing by him in that behalf that he is satisfied by personal examination that the note or coin is or is not forged, shall be sufficient evidence that the note or coin is or is not forged, as the case may be, and neither the Governor nor any officer of the Bank shall be cross-examined with regard to the contents of the certificate unless the Court otherwise orders.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/400.How previous conviction or acquittal may be proved

400. How previous conviction or acquittal may be proved

(1) In any inquiry, trial or other proceeding under this Code a previous conviction or acquittal or an order directing any person to be under the supervision of the police may be proved in addition to any other mode provided by any law for the time being in force--

(a)by an extract certified under the hand of the officer having the custody of the records of the Court whether of Malaysia or the Republic of Singapore in which that conviction or acquittal was had to be a copy of the sentence or order; or 

(b)in case of a conviction either by a certificate signed by the officer in charge of the prison in Malaysia or the Republic of Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered, 

together with, in each of those cases, evidence as to the identity of the accused person with the person so convicted or acquitted.

(2) In case the officer in charge of any prison shall state in any certificate signed by him that the finger prints which appear on the certificate are those of the person to whom the certificate relates, that certificate shall be evidence of the fact so stated.

(3) Every Court shall presume to be genuine every document purporting to be a certificate of conviction and purporting to be signed by the officer in charge of any prison in Malaysia or the Republic of Singapore, and shall also presume that the officer by whom the document purports to be signed was when he signed it the officer in charge of the prison mentioned in that document.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/401.Record of evidence in absence of accused

401. Record of evidence in absence of accused

(1) If it is proved that an accused person has absented himself so that there is no immediate prospect of arresting him, the Court competent to try that person for the offence complained of may, in his absence, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.

(2) Any such deposition may, on the arrest of that person, be given in evidence against him on the trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable..

(3) If it appears that an offence punishable with death or with imprisonment has been committed by some person or persons unknown the Court of a First Class Magistrate may hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is beyond the limits of Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/402A.Alibi

402A. Alibi

(1) The Court shall, at the time the accused is being charged, inform the accused as to his right to put forward a defence of alibi.

(2) Where the accused seeks to put forward a defence of alibi, he shall put forward a notice of his alibi during the case management process.

(3) Notwithstanding subsection (2), where the accused has not put forward a notice of his alibi during the case management process, he may adduce evidence in support of an alibi at any time during the trial subject to the following conditions:

(a)the accused has given a written notice of the alibi to the Public Prosecutor; and

(b)the Public Prosecutor is given a reasonable time to investigate the alibi before such evidence can be adduced. 

(4) The notice required under this section shall include particulars of the place where the accused claims to have been at the time of the commission of the offence with which he is charged, together with the names and addresses of any witnesses whom he intends to call for the purpose of establishing his alibi.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/402A.Alibi

402A. Alibi

(1) The Court shall, at the time the accused is being charged, inform the accused as to his right to put forward a defence of alibi.

(2) Where the accused seeks to put forward a defence of alibi, he shall put forward a notice of his alibi during the case management process.

(3) Notwithstanding subsection (2), where the accused has not put forward a notice of his alibi during the case management process, he may adduce evidence in support of an alibi at any time during the trial subject to the following conditions:

(a)the accused has given a written notice of the alibi to the Public Prosecutor; and

(b)the Public Prosecutor is given a reasonable time to investigate the alibi before such evidence can be adduced. 

(4) The notice required under this section shall include particulars of the place where the accused claims to have been at the time of the commission of the offence with which he is charged, together with the names and addresses of any witnesses whom he intends to call for the purpose of establishing his alibi.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/402B.Proof by written statement

402B. Proof by written statement

(1) In any criminal proceedings, a written statement by any person shall, with the consent of the parties to the proceedings and subject to the conditions contained in subsection (2), be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2) A statement may be tendered in evidence under subsection (1) if--

(a)the statement purports to be signed by the person who made it;

(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief; and

(c)a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings not later than fourteen days before the commencement of the trial unless the parties otherwise agree. 

(3) Notwithstanding paragraph (2)(c), a party proposing to tender a statement in evidence under subsection (1) may not serve the statement to any other parties to the proceedings where the parties to the proceedings agree before or during the proceedings that the statement shall be so tendered.

(4) If a statement proposed to be tendered in evidence under subsection (1)--

(a)is made by a person who cannot read, the statement shall be read and explained to him before he signs it and the statement shall be accompanied by a statutory declaration made under the Statutory Declarations Act 1960 [Act 13] by the person who so read the statement to the effect that it was so read and explained; or 

(b)refers to any other document or object as an exhibit, the copy served on any other party to the proceedings under paragraph (2)(c) shall be accompanied by a copy of that document or by a photograph of the object and such information as may be necessary in order to enable the party on whom it is served to inspect the document or object, as the case may be, unless it is not expedient to do so. 

(5) Notwithstanding that the written statement of a person may be admissible as evidence by virtue of this section--

(a)the party by whom or on whose behalf a copy of the statement was served may call the person making the statement to give additional evidence which may include matters which are not contained in the statement; and 

(b)the maker of the statement shall attend the trial for cross-examination and re-examination, if so requested. 

(6) So much of any statement as is admitted in evidence by virtue of this section shall, unless the Court otherwise directs, be read aloud at the trial and where the Court so directs an account shall be given orally of so much of any statement as is not read aloud.

(7) Any document or object referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as if it was produced as an exhibit and identified in the Court by the maker of the statement.

(8) A document required by this section to be served on any person may be served--

(a)by delivering the document to the person himself or to his advocate; or 

(b)in the case of a corporation, by delivering the document to the secretary or other like officer of the corporation at its registered or principal office or by sending the document by registered post addressed to the secretary or other like officer of the corporation at that office. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/402C.Proof by formal admission

402C. Proof by formal admission

(1) Notwithstanding any other written law, and subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or accused and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.

(2) An admission under this section--

(a)may be made before or during the proceedings and shall be in writing and signed by both parties; 

(b)if made otherwise than in the Court, shall be in writing; 

(c)if made in writing by an individual, shall be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate; 

(d)if made on behalf of an accused who is an individual, shall be made by his advocate; 

(e)if made at any stage before the trial by an accused who is an individual, shall be approved by his advocate (whether at the time it was made or subsequently) before or during the proceedings in question. 

(3) An admission under this section for the purpose of any proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or trial).

(4) An admission under this section may with the leave of the Court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/403.Deposit instead of bond

Part IX SUPPLEMENTARY PROVISIONS

Chapter XL PROVISIONS AS TO BONDS

403. Deposit instead of bond

When any person is required by any Court or officer to execute a bond, with or without sureties, the Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money to such amount as the Court may fix, instead of executing the bond.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/404.Procedure on forfeiture of bond

404. Procedure on forfeiture of bond

(1) Whenever--

(a)it is proved to the satisfaction of the Court by which a bond under this Code has been taken; or 

(b)when the bond is for appearance before a Court, it is proved to the satisfaction of that Court, 

that the bond has been forfeited the Court shall record the grounds of such proof and may call upon any person bound by the bond to pay the penalty thereof or to show cause why it should not be paid.

(2) If sufficient cause is not shown and the penalty is not paid the Court may proceed to recover the same by issuing a warrant for the attachment and sale of property belonging to that person.

(3) The warrant may be executed within the local limits of the jurisdiction of the Court which issued it, and it shall authorize the distress and sale of any property belonging to that person without such limits when indorsed by a Magistrate within the local limits of whose jurisdiction the property is found.

(4) If the penalty is not paid, and cannot be recovered by the attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil prison for a term which may extend to six months.

(5) The Court may, at its discretion, remit any portion of the penalty mentioned, and enforce payment in part only.

(6) Nothing in this section shall be deemed to prevent the penalty, or any portion of it, of any bond under this Code being recovered under the provisions of the law relating to civil procedure in force for the time being.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/405.Appeal from orders

405. Appeal from orders

All orders made under section 404 by any Magistrate shall be appealable to the High Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/406.Power to direct levy of amount due on bond

406. Power to direct levy of amount due on bond

A Judge may direct any Magistrate to levy the amount due on a bond to appear and attend before the High Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/406A.Court shall consider manner of disposal of exhibits

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLI DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES

406A. Court shall consider manner of disposal of exhibits

(1) At the conclusion of any proceedings under this Code the Court shall consider in what manner the exhibits shall be disposed of and may make any order for that purpose in accordance with law.

(2) If the Court makes no order as to the disposal of the exhibits they shall be handed to the police officer in charge of the proceedings and may be dealt with by the police in accordance with the provisions of this Chapter as if the Court had made an order or orders to that effect:

Provided that if the police are at any time in doubt as to the proper manner of disposing of any exhibit, or if any person claims delivery to him of any exhibit and the police refuse such delivery, the police or that person may apply summarily to the Court which determined the case and the Court shall make such order regarding the disposal of the exhibit as may be proper.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/407.Order for disposal of property regarding which offence committed

407. Order for disposal of property regarding which offence committed

(1) Any Court may if it thinks fit impound any property or document produced before it under this Code.

(2) During or at the conclusion of any inquiry or trial in any criminal Court the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of the police or of any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.

The power herein conferred upon the Court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law under which the conviction was had.

(3) When a Judge makes such order, and cannot through his own officers conveniently deliver the property to the person entitled to it, he may direct that the order to be carried into effect by a Magistrate.

(4) A Court making an order under this section in respect of any property or document shall direct whether the order is to take effect immediately or at any future date or on the happening of any future contingency and shall, except when the property is live-stock or subject to speedy and natural decay, include in that order all necessary directions and conditions to ensure that the property or document will be produced as and when required for the purposes of the inquiry or trial during or at the conclusion of which such order is made or for the purposes of any appeal or further criminal proceedings resulting from such inquiry or trial.

(5) In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/407A.Disposal of seized articles

407A. Disposal of seized articles

(1) Notwithstanding any other provisions, the Public Prosecutor may apply to the Court for the disposal of any articles specified in subsection (2) at any time.

(2) The following seized articles may be disposed of under this section:

(a)dangerous drugs seized under the Dangerous Drugs Act 1952 [Act 234] 

(b)clandestine drug laboratories or premises; 

(c)valuable goods; 

(d)cash money; 

(e)noxious, deleterious, corrosive, explosive, dangerous, toxic, flammable, oxisidising, irritant, harmful, poisonous, psychotropic and decay substances; 

(f)video compact discs, optic discs, films and other similar devices; 

(g)publication, books and other documents; 

(h)vehicles, ships and other forms of conveyance; 

(i)equipment and machineries; 

(j)timber and timber products; 

(k)rice, food and other perishable items; and 

(l)other articles as may be determined by the Public Prosecutor that may be vulnerable to theft, substitution, constraints of proper storage space, high maintenance costs or any other considerations as the Public Prosecutor deems relevant. 

(3) The Court shall make an order for the disposal of the articles specified in the application made by the Public Prosecutor under subsection (1) subject to the following procedures being complied with:

(a)an inventory of the articles containing the description, markings and other particulars which clearly identifies the articles has been made by the officer who seized the articles, and the Magistrate or Judge having the trial jurisdiction has certified that the inventory is correct; 

(b)photographs of the articles have been taken in the presence of a Magistrate or Judge having the trial jurisdiction, and the Magistrate or Judge has certified that the photographs are true; 

(c)where possible, representative samples of the articles have been taken in the presence of a Magistrate or Judge having the trial jurisdiction, and the Magistrate or Judge has certified that the representative samples are the correct samples of the articles; and 

(d)where the articles are video compact discs, optic discs, films and other similar devices, the articles have been played for a Magistrate or Judge having the trial jurisdiction so as to ascertain the contents of the articles, and the Magistrate or Judge has certified that the contents of the articles are correct. 

(4) Where the Court makes an order for the disposal of the articles under subsection (3), the Court may allow the accused to take photographs of the articles.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/408.Direction instead of order

408. Direction instead of order

Instead of himself making an order under section 407 a Judge may direct the property to be delivered to a Magistrate, who shall, in such cases, deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/409.Payment to innocent person of money found on accused

409. Payment to innocent person of money found on accused

When any person is convicted of any offence which includes or amounts to theft or receiving stolen property and it is proved that any other person has bought the stolen property from him without knowing or having reason to believe that the same was stolen and that any money has, on his arrest, been taken out of the possession of the convicted person, the Court may, on the application of the purchaser and on the restitution of the stolen property to the person entitled to the possession of it, order that out of that money a sum not exceeding the price paid by the purchaser be delivered to him.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/410.Stay of order

410. Stay of order

The High Court may direct any order under section 407 or 409 made by a Magistrate's Court to be stayed pending consideration by the High Court and may modify, alter or annul that order.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/411.Destruction of libellous and other matter

411. Destruction of libellous and other matter

(1) On a conviction under sections 292, 293, 501 or 502 of the Penal Code the Court may order the destruction of all the copies of the thing in respect of which the conviction was had and which are in the custody of the Court or remain in the possession or power of the person convicted.

(2) The Court may in like manner, on a conviction under sections 272, 273, 274 or 275 of the Penal Code, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/412.Restoration of possession of immovable property

412. Restoration of possession of immovable property

(1) Whenever a person is convicted of an offence attended by criminal force and it appears to the Court that by that force any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that property to be restored to the possession of the person who has been dispossessed.

(2) No such order shall prejudice any right or interest to or in that immovable property which any person may be able to establish in a civil suit.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/413.Procedure by police on seizure of property

413. Procedure by police on seizure of property

(1) The seizure or finding by any police officer of property taken under section 20 or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence shall be immediately reported to a Magistrate, who shall make such order as he thinks fit respecting the delivery of the property to the person entitled to the possession of it, or, if that person cannot be ascertained, respecting the custody and production of the property.

(2) If the person so entitled is known the Magistrate may order the property to be delivered to him on such conditions, if any, as the Magistrate thinks fit, and shall in that case cause a notice to be served on that person informing him of the terms of the order and requiring him to take delivery of the property within such period from the date of the service of the notice (not being less than forty-eight hours) as the Magistrate may in the notice prescribe.

(3) If that person is unknown the Magistrate may direct that the property be detained in police custody, and the Chief Police Officer shall, in that case, issue a public notification specifying the articles of which the property consists and requiring any person who has any claim to it to appear before him and establish his claim within six months from the date of the public notification:

Provided that, where it is shown to the satisfaction of the Magistrate that the property is of no appreciable value, or that its value is so small as, in the opinion of the Magistrate, to render impractical the sale, as hereinafter provided, of the property, or as to make its detention in police custody unreasonable in view of the expense or inconvenience that would thereby be involved, the Magistrate may order the property to be destroyed or otherwise disposed of, either on the expiration of such period after the publication of notification above referred to as he may determine or immediately as he thinks fit.

(4) Every notification under subsection (3) shall, if the value of the property amounts to fifty ringgit, be published in the Gazette.

(5) Notwithstanding the preceding subsections, where the property is required for the investigation of a case and it is necessary for the property to be detained, the property shall be kept in a safe and proper place by the Officer in charge of a Police District where the offence was committed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/414.Procedure where no claim established

414. Procedure where no claim established

(1) If within three months from the publication of a notification under subsection 413(3) no person establishes a claim to such property and if the person in whose possession the property was found is unable to show that it was legally acquired by him, the property may be sold on the order of the Chief Police Officer.

(2) If within six months from the publication of the notification no person has established a claim to the property, the ownership of the property or, if sold, the net proceeds of it shall then pass to and become vested in the Government of the State in which that property was seized.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/415.Procedure where property is perishable or of small value

415. Procedure where property is perishable or of small value

Where any property detained in police custody on the order of a Magistrate made under subsection 413(3) is subject to speedy and natural decay or is, in the opinion of the Chief Police Officer of less value than ten ringgit, or where its custody involves unreasonable expense and inconvenience, the property may be sold at any time, and sections 413 and 414 shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/416.Procedure where owner is absent

416. Procedure where owner is absent

(1) If the person entitled to the possession of such property is absent from the State and the property is subject to speedy and natural decay or the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner or that the value of the property is less than ten ringgit the Magistrate may, at any time, direct it to be sold and subsection 414(2) shall apply to the net proceeds of the sale.

(2) If the person to whom property has been ordered to be delivered under subsection 413(2) neglects or omits to take delivery of the property within the period prescribed, the Magistrate may, where the property is subject to speedy and natural decay or where in his opinion its value is less than ten ringgit, direct that the property be sold and the net proceeds of the sales shall, on demand, be paid over to the person entitled to it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/417.High Court's power to transfer cases

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLII TRANSFER OF CRIMINAL CASES

417. High Court's power to transfer cases

(1) Whenever it is made to appear to the High Court--

(a)that a fair and impartial trial cannot be had in any criminal Court subordinate to it; 

(b)that some question of law of unusual difficulty is likely to arise; 

(c)that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the same; 

(d)that an order under this section will tend to the general convenience of the parties or witnesses; or 

(e)that such an order is expedient for the ends of justice, or is required by any provision of this Code, 

it may order--

(aa) that any offence be tried by any Court not empowered under sections 121 to 126 but in other respects competent to try such offence; 

(bb)that any particular case or class of cases be transferred from a criminal Court subordinate to it to any other such criminal Court of equal or superior jurisdiction; or 

(cc)that any particular criminal case be transferred to and tried before the High Court. 

(dd)(Deleted by Act A908). 

(ee)(Deleted by Act A908). 

(2) The High Court may make an order under subsection(1) either on the report of the lower Court, or on the application of the Public Prosecutor or the accused person, or on its own initiative.

(3)(a)When an order is made under paragraph (1)(cc) the lower Court before which the trial of the offence against the accused person is pending shall cause the accused person to appear or be brought before the High Court on the date specified in the said order or as soon as may be practicable if no such date is specified. 

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

(4) The Court to which a case is transferred under this section may act on the evidence already recorded in a trial or partly so recorded and partly recorded by itself, or it may re-summon the witnesses and re-commence the trial:

Provided that in any case so transferred the Public Prosecutor or the accused person may, when the Court to which the case is transferred commences its proceedings, apply that the witnesses or any of them be re-summoned and re-heard.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/418.Application for transfer to be supported by affidavit

418. Application for transfer to be supported by affidavit

(1) Every application for the exercise of the power conferred by section 417 shall be made by motion which shall, except when the applicant is the Public Prosecutor, be supported by affidavit.

(2) Every such application shall be made before the inquiry into or trial of the offence has been concluded.

(3) When an accused person makes an application under this section, a Judge may, if he thinks fit, direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the expenses of the prosecution.

(4) Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of the notice and the hearing of the application.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/418A.Trials by High Court on a certificate by the Public Prosecutor

418A. Trials by High Court on a certificate by the Public Prosecutor

(1) Notwithstanding the provisions of section 417 and subject to section 418B, the Public Prosecutor may in any particular case triable by a criminal Court subordinate to the High Court issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High Court.

(2) The power of the Public Prosecutor under subsection (1) shall be exercised by him personally.

(3) The certificate of the Public Prosecutor issued under subsection (1) shall be tendered to the subordinate Court before which the case is triable whereupon the Court shall transfer the case to the High Court specified in the certificate and cause the accused person to appear or be brought before such Court as soon as may be practicable.

(4) When the accused person appears or is brought before the High Court in accordance with subsection (3), 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,,/418B.Cases to which section 418A is applicable

418B. Cases to which section 418A is applicable

Section 418A shall apply to all cases triable under this Code by a criminal Court subordinate to the High Court, whether the proceedings are instituted before or after the coming into force of that section, provided that the accused person has not pleaded guilty and no evidence in respect of the case against him has begun to be adduced.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/419.Proceeding in wrong place, etc.

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLIII IRREGULARITIES IN PROCEEDINGS

419. Proceeding in wrong place, etc.

No finding, sentence or order of any criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at, passed or made, took place in a wrong local area or before a wrong Magistrate or Court, unless it appears that such error occasioned a failure of justice.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/420.Procedure when confession irregularly taken

420. Procedure when confession irregularly taken

If any Court before which a confession or other statement of an accused person recorded under section 115 or 256 is tendered or has been received in evidence finds that any of the provisions of that section has not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded and if it is satisfied of the same that statement shall be admitted if the error has not injured the accused as to his defence on the merits.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/421.Omission to frame charge

421. Omission to frame charge

(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed unless, in the opinion of the appellate court, a failure of justice has been occasioned thereby.

(2) If the appellate court thinks that a failure of justice has been occasioned by the omission to frame a charge it shall order that a new trial be had.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/422.Irregularities not to vitiate proceedings

422. Irregularities not to vitiate proceedings

Subject to the provisions contained in this Chapter no finding, sentence or order passed or made by a Court of competent jurisdiction shall be reversed or altered on account of--

(a)any error, omission or irregularity in the complaint, sanction, consent, summons, warrant, charge, judgment or other proceedings before or during trial, or in any inquiry or other proceedings under this Code; 

(b)the want of any sanction; or 

(c)the improper admission or rejection of any evidence, 

unless such error, omission, irregularity, want, or improper admission or rejection of evidence has occasioned a failure of justice.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/423.Irregularity in distress

423. Irregularity in distress

No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of distress or other proceedings relating to it, nor shall that party be deemed a trespasser, ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by the irregularity may recover full satisfaction for the special damage caused by it in any Court of competent jurisdiction.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/424.Affidavits before whom sworn

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLIV MISCELLANEOUS

424. Affidavits before whom sworn

(1) Subject to any rules of Court, any affidavit may be used in a criminal Court if it is sworn--

(a)in Malaysia before any Magistrate or Registrar; 

(b)in the Republic of Singapore before any Judge, District Judge, Assistant District Judge, Registrar, Deputy Registrar, Police Magistrate or before any person authorized to take affidavits by any written law in force in the Republic of Singapore; 

(c)in England, Scotland, Ireland or the Channel Islands or in any Colony, island or place (other than the above) under the dominion or jurisdiction or protection of Her Britannic Majesty, before any Judge, Court, Notary Public or other person lawfully authorized to administer oaths; 

(d)in any other place before any officer exercising consular functions on behalf of Malaysia. 

(2) The Court shall take judicial notice of the seal or signature, as the case may be, of any Judge, Court, Notary Public, Consul, Vice-Consul or other person appended or subscribed to any affidavit.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/425.Power of Court to summon and examine persons

425. Power of Court to summon and examine persons

Any Court may at any stage of any inquiry, trial or other proceeding under this Code summon any person as witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/426.Order for payment of costs of prosecution and compensation

426. Order for payment of costs of prosecution and compensation

(1) The Court before which an accused is convicted of an offence--

(a)in its discretion, may make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof as may be agreed by the Public Prosecutor; or 

(b)where-- 

(i)the prosecution of the convicted accused involves evidence obtained pursuant to a request made under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; or 

(ii)the accused has obtained pecuniary gain, upon the application of the Public Prosecutor, shall make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof, the sum of which is to be fixed by the Court as may be agreed by the Public Prosecutor.

(1A) Without prejudice to subsection (1), the Court before which an accused is convicted of an offence shall, upon the application of the Public Prosecutor, make an order against the convicted accused for the payment by him, or where the convicted accused is a child, by his parent or guardian, of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.

(1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.

(1C) The Court shall, in making an order under subsection (1A), take into consideration the following factors:

(a)the nature of the offence; 

(b)the injury sustained by the victim; 

(c)the expenses incurred by the victim; 

(d)the damage to, or loss of, property suffered by the victim; 

(e)the loss of income incurred by the victim; 

(f)the ability of the convicted accused to pay; and 

(g)any other factors which the Court deems relevant. 

(1D) For the purpose of making an order under subsection (1A), the Court may hold an inquiry as it thinks fit.

(2) The Court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section432 [except paragraph (1)(d)] shall be applicable to any order made under this section.

(3) The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation.

(4) To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.

(5) Every order made under this section by a Magistrate shall be appealable to the High Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/427.Payment of expenses of prosecutors and witnesses

427. Payment of expenses of prosecutors and witnesses

In every criminal case tried before the High Court, and in every criminal case tried before a Sessions Court or a Magistrate's Court, the Court may in its discretion order payment out of the Consolidated Fund to the prosecutor and to the witnesses both for the prosecution and for the defence, or to such of them as it thinks fit, of the expenses incurred by them severally in and about attending the High Court, or the Sessions Court or Magistrate's Court and also compensation for their trouble and loss of time, subject to such rules as are prescribed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/428.Rules as to rates of payment

428. Rules as to rates of payment

The rule committee may make rules as to the rates or scales of payment of the expenses to be ordered as aforesaid and concerning the form of the certificates hereinafter mentioned and the details to be inserted in it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/429.Omitted or Deleted Section

429. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/430.Reward for unusual exertion

430. Reward for unusual exertion

Whenever it appears to any Court that a private person has shown unusual courage, diligence or exertion in the apprehension of a person accused of having committed, attempted to commit or abetted an offence punishable with death or imprisonment, such Court may order payment to him out of the Consolidated Fund of any sum not exceeding one hundred ringgit.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/431.Compensation for family of person killed in arresting

431. Compensation for family of person killed in arresting

If any person is killed in endeavouring to arrest or to keep in lawful custody a person accused as aforesaid the Minister of Finance may order payment out of the Consolidated Fund to the wife, husband, parent or child of the deceased of such sum or sums as appear reasonable in compensation for the loss sustained.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/432.Provisions as to money payable as costs or compensation

432. Provisions as to money payable as costs or compensation

(1) Subject to the provisions of this Code where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the Court making the order may in its discretion do all or any of the following things, namely--

(a)allow time for the payment of that sum; 

(b)direct payment of that sum to be made by instalments; 

(c)issue a warrant for the levy of that sum by distress and sale of any property belonging to that person; 

(d)direct that in default of payment or of a sufficient distress to satisfy such sum, that person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:

Provided that where time is not allowed for the payment of that sum an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the Court that that person has no property or insufficient property to satisfy the money payable or that the levy of distress will be more injurious to him or his family than imprisonment; 

(e)direct that that person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him: 

Provided that such money shall not be so applied if the Court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.

(2) The term for which the Court directs that person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale--

When the money to be paid does not exceed RM500 ... ... ... ... ... ... ... ... ...... ... ... ... ... ...

One month

When the money to be paid exceeds RM500 but does not exceed RM1000 ... ... ... ... ... ... ...

Two months

In any other case ... ... ... ... ... ... ... ... ... ... ...

Six months

(3) Subject to the provisions of this Code the imprisonment which the Court imposes under this section shall terminate whenever the money is paid or levied by process of law.

(4) If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.

(5) A warrant for the levy of any such sum 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 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,,/433.Copies of proceedings

433. Copies of proceedings

(1) If the complainant or the accused or any person affected by a judgment or order passed or made by a criminal Court desires to have a copy of any order or deposition or other part of the record, he shall, on applying for such copy, be furnished with it by the Court:

Provided that he pays for the same such reasonable sum as the Court may direct unless the Court for some special reason thinks fit to furnish it free of cost.

(2) An application for a copy of the record may be made at any time by the Public Prosecutor by whom no fee shall be payable.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/434.Omitted or Deleted Section

434. Omitted or Deleted Section

(Deleted by Ord. No. 14 of 1952).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/435.Power of police to seize property suspected of being stolen

435. Power of police to seize property suspected of being stolen

Any member of the police force may seize any property which is alleged or may be suspected to have been stolen, or which is found under circumstances which create suspicion that an offence has been committed, and such member, if subordinate to the officer in charge of the nearest police station, shall immediately report the seizure to that officer.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/436.Person released on bail to give address for service

436. Person released on bail to give address for service

(1) When any person is released on bail, or on his own bond, he shall give to the Court or officer taking the bail or bond an address at which service upon him of all notices and process may be made.

(2) In any case where that person cannot be found, or for other reasons the service on him cannot be affected, any notice or process left for that person at such address shall be deemed to have been duly served upon him.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/437.Power to compel restoration of abducted persons

437. Power to compel restoration of abducted persons

Upon complaint made to a Magistrate on oath of the abduction or unlawful detention of a woman or of a female child under the age of fourteen years for any unlawful purpose within the local limits of his jurisdiction, he may make an order for the immediate restoration of the woman to her liberty, or of the female child to her husband, parent, guardian or other person having the lawful charge of that child, and may compel compliance with the order, using such force as may be necessary.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/438.Compensation for giving in charge groundlessly

438. Compensation for giving in charge groundlessly

(1) Whenever any person causes a police officer to arrest another person if it appears to the Magistrate who takes cognizance of the case that there was no sufficient ground for causing the arrest the Magistrate may award such compensation, not exceeding twenty-five ringgit, to be paid by the person so causing the arrest to each person so arrested for his loss of time and any expenses incurred by him in the matter as the Magistrate shall think fit.

(2) (Omitted).

(3) Such compensation shall be no bar to an action for false imprisonment.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/439.Magistrate not to act where interested

439. Magistrate not to act where interested

No Magistrate shall, except with the permission of the High Court to which an appeal lies from his Court, try any case to or in which he is a party or personally interested.

Explanation--A Magistrate shall not be deemed to be a party or personally interested within the meaning of this section to or in any case by reason only that he is a member of a local authority or otherwise concerned in it in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.

ILLUSTRATION

A, as Collector of Land Revenue, upon consideration of information furnished to him directs the prosecution of B for a breach of the land laws. A is disqualified from trying this case as a Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/440.Public servants not to bid at sales under this Code

440. Public servants not to bid at sales under this Code

A public servant, having any duty to perform in connection with the sale of any property under this Code, shall not purchase or bid for the property.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/441.When receivers, etc., charged, evidence of other cases allowed

441. When receivers, etc., charged, evidence of other cases allowed

Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of that person other property stolen within the preceding period of twelve months, and that evidence may be taken into consideration for the purpose of proving that that person knew the property to be stolen which forms the subject of the proceedings taken against him.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/442.When evidence of previous conviction may be given

442. When evidence of previous conviction may be given

Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property and evidence has been given that the stolen property has been found in his possession, then if that person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of his previous conviction may be given at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen:

Provided that not less than seven days' notice in writing shall have been given to the person accused that proof is intended to be given of his previous conviction; and it shall not be necessary for the purposes of this section to enter in the charge the previous conviction of the person so accused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/443.Forms

443. Forms

The Forms set out in the Second Schedule, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in them.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/444.Application of fines

444. Application of fines

The Court imposing any fine under the authority of any law for the time being in force may award any portion of it to an informer.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/First Schedule