Malaysia legislation
Section 8
Section 8
Mutual Assistance in Criminal Matters 17
(a)
such evidence to be taken in the foreign State; and
(b)
the evidence to be sent to him.
(2)
The Attorney General may, if he is satisfied that there are reasonable grounds for believing that any thing would be relevant to a criminal matter in Malaysia, request the appropriate authority of a foreign State—
(a)
to assist in obtaining, by search and seizure if necessary, such thing in the foreign State or a photograph or copy of the thing; and
(b)
to arrange for the thing or the photograph or copy of the thing to be sent to him.
(3)
Any evidence or thing, or photograph or copy of a thing, received by the Attorney General pursuant to a request under subsection (1) or (2) may, subject to the provisions of the Evidence
Act 1950 [Act 56] and the Criminal Procedure Code [Act 593], be admitted as evidence at any criminal proceedings to which the request relates.
(4)
In assessing the weight, if any, to be attached to any evidence received by the Attorney General pursuant to a request made under subsection (1) which has been admitted as evidence in any criminal proceedings to which the request relates, the court shall have regard to—
18 Laws of Malaysia ACT 621
(a)
whether it was possible to challenge the evidence taken; and
(b)
whether the law of the foreign State concerned allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.
Request for attendance of person in Malaysia