Section 195. How previous conviction or acquittal may be proved (SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART VII - SUPPLEMENTARY PROVISIONS
CHAPTER 4 - SPECIAL PROVISIONS RELATING TO EVIDENCE

Section 195. How previous conviction or acquittal may be proved

(1) In any trial or other proceedings under this Enactment, a previous conviction or acquittal may be proved in addition to any other mode provided by any law for the time being in force-

(a) by an extract of the sentence or order certified under the hand of the officer having the custody of the records of the Court in any State in Malaysia in which such conviction or acquittal was decided; or

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

together with, in each of such 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 such certificate are those of the persons to whom the certificate relates, such 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, and shall also presume that the officer by whom such document purports to be signed was when he signed it the officer in charge of the prison mentioned in such document.