Malaysia legislation
Section 173
Section 173
The following procedure shall be observed by Magistrates in summary trials:
(a)
When the accused appears or is brought before the Court a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him, and he shall be asked whether he is guilty of the offence charged or claims to be tried.
Criminal Procedure Code 121
(b)
If the accused pleads guilty to the charge, whether as originally framed or as amended, the plea shall be recorded and he may be convicted on it and the Court shall pass sentence according to law:
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.
(c)
If the accused refuses to plead or does not plead or claims to be tried, the Court shall proceed to take all such evidence as may be produced in support of the prosecution.
(d)
When the Court thinks it necessary it shall obtain from the complainant or otherwise the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before itself such of them as it thinks necessary.
(e)
The accused shall be allowed to cross-examine all the witnesses for the prosecution.
(f)
(i)
When the case for the prosecution is concluded the
Court shall consider whether the prosecution has made out a prima facie case against the accused.
(ii)
If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.
(g)
Nothing in paragraph (f) shall be deemed to prevent the
Court from discharging the accused at any previous stage of the case if for reasons to be recorded by the Court it considers the charge to be groundless.
(h)
(i)
If the Court finds that a prima facie case has been made out against the accused on the offence charged, the Court shall call upon the accused to enter on his defence.
122
(ii)
If the Court finds that a prima facie case has been made out against the accused on an offence other than the offence charged which the Court is competent to try and which in the opinion of the
Court it ought to try, the Court shall amend the charge.
(iii)
For the purpose for subparagraphs (i) and (ii), a prima facie case is made out against the accused where the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction.
(ha) When the Court calls upon the accused to enter on his defence under subparagraph (h)(i), the Court shall read and explain the three options to the accused which are as follows:
(i)
to give sworn evidence in the witness box;
(ii)
to give unsworn statement from the dock; or
(iii)
to remain silent.
(i)
The charge if amended shall be read to the accused as amended and he shall be again asked whether he is guilty of the offence in the charge as amended.
(j)
(i)
If the accused pleads guilty to the charge as amended, the plea shall be recorded and he may be convicted on it and the Court shall pass sentence according to law:
Provided that before a plea of guilty is recorded the
Court shall ascertain that the accused understands the nature a consequences of his plea and intends to admit, without qualification, the offence alleged against him.
(ii)
If the accused does not plead guilty to the charge as amended, the accused shall be called upon to enter on his defence.
Criminal Procedure Code 123
(iii)
When the accused is called upon to enter on his defence, he may produce his evidence and shall be allowed to recall and cross-examine any witness present in the Court or its precincts:
Provided that if the accused elects to be called as a witness, his evidence shall be taken before that of other witnesses for the defence:
Provided further that any accused person who elects to be called as a witness may be cross-examined on behalf of any other accused person.
(k)
If the accused puts in any written statement the Court shall file it with the record.
(l)
If the accused applies to the Court to issue any process for compelling the attendance of any witness (whether he has or has not been previously examined in the case)
for the purpose of examination or cross-examination or the production of any document or other thing, the
Court shall issue the process unless it considers that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice, in which case that ground shall be recorded by it in writing.
(ii)
The Court may, before summoning any witness on such application, require that his reasonable expenses incurred in attending for the purposes of the trial be deposited in Court.
(m)
(i)
At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.
(ii)
If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it and the Court shall pass sentence according to law.
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Provided that before the Court passes sentence, the
Court shall, upon the request of the victim of the offence or the victim’s family, call upon the victim or a member of the victim’s family to make a statement on the impact of the offence on the victim or his family; and where the victim or a member of the victim’s family is for any reason unable to attend the proceedings after being called by the
Court, the Court may at its discretion admit a written statement of the victim or a member of the victim’s family.
(iii)
If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.
(n)
When the proceedings have been instituted upon the complaint of some person upon oath under section 133 and upon any day fixed or the hearing of the case the complainant is absent and the offence may lawfully be compounded, the Court may, in its discretion, notwithstanding anything hereinbefore contained, discharge the accused at any time before calling upon him to enter upon his defence.
(o)
If the accused does not appear at the time and place mentioned in the summons and it appears to the Court that the summons was duly served a reasonable time before the time appointed for appearing and no sufficient ground is shown for an adjournment the Court may either proceed ex parte to hear and determine the complaint or may adjourn the hearing to a future day.
Power to discharge conditionally or unconditionally