Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 51A
/akn/my/act/amendment_act/2012/A1423
CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2012
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- Type
- Amendment Act
- Status
- In force
- Enacted
- 2012
- Sections
- 5
- Languages
- MS · EN
Quick answer
About this amendment act
CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2012 is Malaysia Amendment Act, cited as Amendment Act A1423 2012, currently marked in force and first recorded in 2012.
Opening note
Preamble
- An Act to amend the Criminal Procedure Code. ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
The Criminal Procedure Code [Act 593], which is referred to as the "Code" in this Act, is amended in section 51A by inserting after subsection (2) the following subsections:
"（3）A document shall not be inadmissible in evidence merely because of non-compliance with subsection (1).
(4)
The Court may exclude any document delivered after the commencement of the trial if it is shown that such delivery was so done deliberately and in bad faith.
(5)
Where a document is delivered to the accused after the commencement of the trial, the Court shall allow the accused-
(b)
to recall or re-summon and examine any witness in relation to the document.".
Amendment of section 283
Section 3
Subsection 283(1) of the Code is amended by substituting for paragraph (c) the following paragraph:
"（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一The period shall not exceed一does not exceed six monthsthe maximum term of imprisonmentexceeds six months but does not exceed one yearsix monthsexceeds one year but does not exceed two yearsone yearexceeds two yearshalf of the maximum term of imprisonment;
(ii)
if the offence is not punishable with imprisonment:
Where the fine一The period shall not exceed一does not exceed five hundred ringgitone month exceeding five hundred ringgit but does not exceed one thousand ringgitsix monthsexceeding one thousand ringgit but does not exceed five thousand ringgitone yearexceeds five thousand ringgitthree years;”
Amendment of section 396
Section 4
The Code is amended by substituting for section 396 the following section:
"Evidence of persons not called as witness
Quoted provision
Section 396
(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.
(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.".
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Common questions
- What is AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012?
- CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2012 is Malaysia Amendment Act, cited as Amendment Act A1423 2012, currently marked in force and first recorded in 2012.
- Is AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 still in force?
- Yes — AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 is currently in force.
- When did AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 take effect?
- AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 was first recorded in 2012.
- How many sections does AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 have?
- AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 contains 5 sections.
- Where can I read the official version of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012?
- The official text of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2012 is published at lom.agc.gov.my.