178
Laws of Malaysia
Act 593
Provided that this subsection shall not apply to any inquiry at
which a finding of murder or culpable homicide not amounting
to murder has been returned against any person.
(3) When giving any direction under this section the Public
Prosecutor may also direct whether the body shall or shall not
be exhumed.
(4) All directions given under this section shall be complied
with by the Magistrate to whom they are addressed without
unnecessary delay.
Admissibility of medical report in certain cases
340. (1) Where on the trial of any person charged with culpable
homicide amounting to murder or culpable homicide not amounting
to murder it is proved that the Medical Officer who made the
post-mortem examination of the body of the deceased person is
dead or is absent from Malaysia, it shall be lawful to receive
any report of that Medical Officer made under the provisions of
this Code as evidence with regard to the appearances of the body
when examined by that Medical Officer and as regards the cause
of death.
(2) Such evidence shall be subject to such deduction from
its weight as the Court deems proper to make by reason of that
report not having been made upon oath and the accused person
not having any opportunity of cross-examination.
Custody of proceedings
341. The Public Prosecutor shall from time to time cause to
be delivered to the Registrar all proceedings transmitted to him
under this Chapter, and thereupon the Registrar shall take charge
of those proceedings and shall keep a proper index of them.
Power to revise
341a. Chapter XXXI shall also apply to all proceedings under
this Chapter.
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