126
Laws of Malaysia
Act 593
(3) If the Court finds that a prima facie case has been made
out against the accused on the offence charged the Court shall
call upon the accused to enter on his defence.
(4) For the purpose of this section, a prima facie case is
made out against the accused where the prosecution has adduced
credible evidence proving each ingredient of the offence which
if unrebutted or unexplained would warrant a conviction.
Defence
181. (1) When the accused is called upon to enter on his defence
he or his advocate may then open his case, stating the facts or
law on which he intends to rely and making such comments as he
thinks necessary on the evidence for the prosecution. He may then
examine his witnesses, if any, and after their cross-examination
and re-examination, if any, may sum up his case:
Provided always that if any accused person elects to be called
as a witness, his evidence shall be taken before that of other
witnesses for the defence:
Provided also that any accused person who elects to be called as
a witness may be cross-examined on behalf of any other accused
person.
(2) The accused shall be allowed to examine any witness not
previously named by him under the provisions of this Code if
that witness is in attendance.
Reply
182. In all cases the officer conducting the prosecution shall
have the right to reply on the whole case, whether the accused
adduces evidence or not.
Procedure at the conclusion of the trial
182a. (1) At the conclusion of the trial, the Court shall consider
all the evidence adduced before it and shall decide whether the
prosecution has proved its case beyond reasonable doubt.
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