218
Laws of Malaysia
Act 593
Power of Court to summon and examine persons
425. Any Court may at any stage of any inquiry, trial or other
proceeding under this Code summon any person as witness, or
examine any person in attendance though not summoned as a
witness, or recall and re-examine any person already examined,
and the Court shall summon and examine or recall and re-examine
any such person if his evidence appears to it essential to the just
decision of the case.
Trial in absence of an accused
425a. (1) Notwithstanding any other provision of this Code, if
an accused after being charged absconds before or during the
course of his trial, the accused shall be deemed to have waived
his right to be present at the trial.
(2) A Court may proceed or continue with the trial and pronounce
judgment in the absence of the accused provided that the Court
shall not pass any of the following sentences in the absence of
the accused:
(a) death;
(b) imprisonment for life; and
(c) imprisonment for natural life.
(3) If a warrant of arrest has been issued—
(a) the Court may adjourn the trial and await the appearance
of the accused or await the execution of the warrant; or
(b) if the Court is satisfied that it is no longer in the interest
of justice to await the appearance of the accused or to
await the execution of the warrant, the Court may, at
any time, proceed or continue with the trial.
(4) If the Court proceeds or continues with the trial pursuant
to subsection (2), the Court may draw an inference adverse to
the accused from the fact that he has absconded.
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