Original Enactment


NEGERI PERAK

ENACTMENT NO. 4 OF 1994
CRIMINAL PROCEDURE (SYARIAH) CODE 1994

Date of Royal Assent :29 Oktober 1994
Date of publication in the Gazette :24 November 1994
Date of coming into operation :24 November 1994
ARRANGEMENT OF SECTIONS
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Long Title and Preamble

PART I - PRELIMINARY

CHAPTER 1

Section 1. Short title and application.
Section 2. Interpretation.
Section 3. Trial of offences by the Court.
Section 4. Saving of prerogative.

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURT

CHAPTER 2 - OF CRIMINAL COURT

Section 5. Courts
Section 6. Criminal Jurisdiction of Syariah Judge
Section 7. When public must assist Syariah Judge, etc
Section 8. Public to give information.

CHAPTER 3 - OF ARREST, ESCAPE AND RE-ARREST

Section 9. Arrest how made.
Section 10. Search of place entered by person sought to be arrested.
Section 11. Search of persons in place searched under warrant.
Section 12. Power to break open any place for purposes of liberation.
Section 13. No unnecessary restraint and mode of searching a person.
Section 14. Search of persons arrested
Section 15. Power to seize offensive weapons.
Section 16. Search of persons for name and address.
Section 17. Arrest without warrant.
Section 18. Refusal to give name and residence.
Section 19. Person arrested by Religious Enforcement Officer, how to be dealt with.
Section 20. Pursuit of offenders.
Section 21. How person arrested si to be dealt with and detention for more than twenty-four hours.
Section 22. Release of person arrested.
Section 23. Offence committed in the presence of a Syariah Judge.
Section 24. Arrest by or in presence of Syariah Judge.
Section 25. Power to purse and re-take.
Section 26. Provisions of sections 10 and 12 to apply to arrest under section 25.

CHAPTER 4 - OF PROCESSES TO COMPEL APPEARANCE

Summons

Section 27. Forms of summons and services.
Section 28. Summons how served.
Section 29. Procedure when personal service cannot be effected.
Section 30. Proof of services

Warrant of Arrest

Section 31. Form of warrant of arrest.
Section 32. Court may direct indorsement on warrant security to be taken.
Section 33. Warrante to whom directed.
Section 34. Notifications of substance of warrant.
Section 35. Person arrested to be brought before Court without delay.
Section 36. Procedure on arrest of person against whom warrant is issued.

Other Rules Regarding Summonses to Appear and Warrants of Arrest

Section 37. Issued of warrant in lieu of or in addition to summons.
Section 38. Summonses to appear and warrant of arrest may be executed in any part of Malaysia.
Section 39. Power to take bond for appearance.
Section 40. Arrest on breach of bond for appearance.

CHAPTER 5 - OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

Section 41. Summons to produce document or other things.
Section 42. Provisions of sections 27 to 30 to apply.
Section 43. When search warrant may be issued.
Section 44. Power to restrict search warrant.
Section 45. Syariah Judge may issue warrant authorising search for evidence of offence.
Section 46. Form of search warrant.
Section 47. Search for persons wrongfully confined.
Section 48. Persons in charge of closed places to allow search.
Section 49. Syariah Judge may direct search in his presence.
Section 50. List of all thing seized to be made in designed.
Section 51. Occupant to be present at search.

PART III - JUSTIFICATION OF OFFENCES

CHAPTER 6 - INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICERS AND POWER TO INVESTIGATE

Section 52. Information.
Section 53. Procedure.
Section 54. Admission of copy of information as evidence.
Section 55. Procedure where seizable offence suspected.
Section 56. Power to require attendance of witnesses.
Section 57. Examination of witnesses by Religious Enforcement Officer.
Section 58. Statements to Religious Enforcement Officer not to be admitted in evidence.
Section 59. No inducement to be offered.
Section 60. Power to record statements and confessions.
Section 61. Search by Religious Enforcement Officer.
Section 62. Religious Enforcement Officer may require bond for appearance of complaint and witnesses.
Section 63. Diary of proceedings investigation.
Section 64. Reports of Religious Enforcement Officer.

PART IV - PROCEEDINGS IN PROSECUTIONS

CHAPTER 7 - OF THE JURISDICTION OF CRIMINAL COURTS IN TRIALS

Section 65. Ordinary place of trial.
Section 66. Accused triable in place where act is done or where consequence ensues.
Section 67. Place of trial where act is an offence by reason of relation to other offence.
Section 68. Where scene of an offence is uncertain.
Section 69. When doubt arises Chief Syariah Judge to decide.

Conditions Requisite for Initiation of Proceedings

Section 70. Cognisance of offences by Syariah Judge.
Section 71. Form of sanction and consent to prosecute.

CHAPTER 8 - OF COMPLAINTS TO SYARIAH JUDGE

Section 72. Examination of complainant.
Section 73. Postponement of issue of process.
Section 74. Dismissal of complaint.
Section 75. Issue of process.

CHAPTER 9 - OF THE CHARGE

Section 76. Form of charge
Section 77. Particulars as to tine, place and person.
Section 78. When manner of committing offence must be stated.
Section 79. Sense of words used in charge to describe offence.
Section 80. Effect of errors.
Section 81. Court may alter or add to charge.
Section 82. When trial may proceed immediately after alteration or addition.
Section 83. When new trial may be directed or trial suspended.
Section 84. Stay of proceedings if prosecution of offence in altered charge requires prior sanction or consent.
Section 85. Recall of witnesses when charge entered.
Section 86. Seperate charges for distinct offences.
Section 87. Three offences of same kind within twelve months may be charged together.
Section 88. Trial for more than one offence.
Section 89. Where it is doubtful what offence has b een committed.
Section 90. When a person charged with one offence can be convicted of another.
Section 91. Person charged with an offence can be convisted of the attempt.
Section 92. When offence proved is included in offence charged.
Section 93. When persons may be charged jointly.

CHAPTER 10 - OF TRIALS

Section 94. Procedure in trials.
Section 95. Power to discharge conditionally or unconditionally.
Section 96. Addresses.
Section 97. Particulars to be recorded.
Section 98. Transfer of cases.

CHAPTER 11 - GENERAL PROVISIONS AS TO TRIALS

Section 99. Prosecutor may decline to prosecute further at any stage.
Section 100. Right of accused to be defened.
Section 101. Court may put questions to accused.
Section 102. Case for prosecution to be explained by Court to undefended accused.
Section 103. Power to postpone or adjourn proceedings.
Section 104. Change of Syariah Judge during trial.
Section 105. Detention of offenders attending in Court.
Section 106. Proceeding during weekly or public holiday, etc.

CHAPTER 12 - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS

Section 107. Evidence to be taken in the presence of the accused.
Section 108. Recording of evidence.
Section 109. Record in all cases.
Section 110. Mode of recording evidence.
Section 111. Interpretation of evidence to accused.
Section 112. Remarks as demeanour of witness.
Section 113. Others persons may be authorised to record evidence.

CHAPTER 13 - OF THE JUDGEMENT

Section 114. Mode of delivering judgement.
Section 115. Judgement to be explained to accused and copy supplied.
Section 116. Judgement to be filed with record.

CHAPTER 14 - OF SENTENCES AND THE CARRYING OUT THEREOF

Section 117. Provisions as to execution of sentence of imprisonment.
Section 118. Provisions as to sentences of fine.
Section 119. Suspension of execution in certain cases.
Section 120. Warrant by whom issuable.
Section 121. Sentence of whipping.
Section 122. Place for executing sentence of whipping.
Section 123. Time of executing such sentence of whipping.
Section 124. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment.
Section 125. Youthful offenders.
Section 126. First offenders.
Section 127. Conditions of bonds.
Section 128. Return of warrant.

CHAPTER 15 - OF COMMUTATIONS, SUSPENSIONS AND REMISSIONS OF SENTENCES

Section 129. Power to suspend or remit sentences.
Section 130. Power to commute punishment.

CHAPTER 16 - OF PREVIOUS ACQUITTALS OR CONVICTIONS

Section 131. Person once convicted or acquitted not to be tried again for same offence.
Section 132. Plea of previous acquittal or conviction.

PART V - OF APPEAL AND REVISION

CHAPTER 17 - OF APPEALS TO THE SYARIAH HIGH COURT

Section 133. When plae of guilty limited right of appeal.
Section 134. Apeeal against acquittal.
Section 135. Procedure for appeal.
Section 136. Transmission of appeal record.
Section 137. Appeal specially allowed in certain cases.
Section 138. Stay of execution pending appeal.
Section 139. Setting down appeals on list.
Section 140. Procedure at hearing.
Section 141. Non-appearance of respondent.
Section 142. Arrest of respondent in certain cases.
Section 143. Decision on appeal.
Section 144. Order to take further evidence.
Section 145. Judgment.
Section 146. Certificate and consequence of judgement.
Section 147. Death of parties to appeal.
Section 148. Costs.

CHAPTER 18 - OF APPEALS TO THE SYARIAH APPEAL COURT

Section 149. When appeal may be brought.
Section 150. Notice of appeal.
Section 151. Copies of judgment.
Section 152. Petition of appeal.
Section 153. Procedure where appellant in prison.
Section 154. Transmission of records to Syariah Appeal Court.
Section 155. Appeals out of time and formal defects
Section 156. On appeal against acquittal accused may be arrested.
Section 157. Appeal no to operate as stay of execution.
Section 158. Notice and time of hearing.
Section 159. Powers of Syariah Appeal Court.
Section 160. Additional evidence and report.
Section 161. Judgment of Syariah Appeal Court.
Section 162. Judgment to be certified to trial Court.
Section 163. Point reserved for Syariah Appeal Court.
Section 164. References to Syariah Appeal Court on appeal from a Syariah Subordinate Court.

CHAPTER 19 - OF REVISION

Section 165. Power to revise.
Section 166. Power to order further enquiry.
Section 167. Powers on revision.
Section 168. Hearing of parties on revision.
Section 169. Orders on revision.

PART VI - SPECIAL PROVISIONS

CHAPTER 20 - PERSONS OF UNSOUND MIND

Section 170. Procedure where accused is suspected to be of unsound mind.

CHAPTER 21 - PROCEEDINGS IN CASES OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 171. Procedure as to offences committed in Court.
Section 172. Record of facts constituting the offence.
Section 173. Alternative procedure.
Section 174. Power to remit punishment.
Section 175. Refusal to givr evidence.
Section 176. Appeal.
Section 177. Syariah Judge not to try certain offences committed before himself.

PART VII - SUPPLEMENTARY PROVISIONS

CHAPTER 22 - OF PROSECUTION

Section 178. Chief Syariah Prosecutor.
Section 179. Appearance of Chief Syariah Prosecutor.
Section 180. Prosecution.
Section 181. Employemnt of peguam syarie.

CHAPTER 23 - OF BAIL

Section 182. When person may be released on bail.
Section 183. Amount of bond.
Section 184. Bond to be executed.
Section 185. Person to be released.
Section 186. When warrant of arrest may be issued against person bailed.
Section 187. Sureties may apply to have bond discharged.
Section 188. Appeal.

CHAPTER 24 - SPECIAL PROVISIONS RELATING TO EVIDENCE

Section 189. Procedure when person ablt to give material evidence is dangerously ill.
Section 190. Reports of certain persons.
Section 191. How previous conviction or acquittal may be proved.
Section 192. Record of evidence in absence of accused.
Section 193. Notice to be given of defence of alibi.

CHAPTER 25 - PROVISIONS AS TO BONDS

Section 194. Deposit instead of bond.
Section 195. Procedure on forfeiture of bond.
Section 196. Appeal from orders.

CHAPTER 26 - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES

Section 197. Court shall consider manner of disposal of exhibits.
Section 198. Order for disposal of property regarding which offence committed.

CHAPTER 27 - OF THE TRANSFER OF CRIMINAL CASES

Section 199. Power of the Judge of Syariah High Court to transfer cases.
Section 200. Application for transfer to be supported by affidavit.

CHAPTER 28 - OF IRREGULARITIES IN PROCEEDINGS

Section 201. Proceeding in wrong place, etc.
Section 202. Ommission to frame charge.
Section 203. Irregularities not to vitiate proceedings.

CHAPTER 29 - GENERAL

Section 204. Signing of affidavit.
Section 205. Power of Court to summon and examine.
Section 206. Order for payment of compensation.
Section 207. Provisions as to compensation.
Section 208. Copies of proceedings.
Section 209. Person released on bail to give address for service.
Section 210. Compensation for giving in charge groundlessly.
Section 211. Judge not to act where interested.
Section 212. Hukum Syara' when applicable.
Section 213. Cessation of application of Enactment 1965.

SCHEDULE

Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 9
Form 10

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