'Rights during investigation - self incrimination' in document 'Malawi - Criminal procedure code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
POWERS OF COURTS AND SPECIAL AREAS

20A. Information to be supplied on arrest

(6) Where the person is arrested, the police officer shall promptly inform him that he has the right to remain silent, and shall warn him of the consequences of making any statement, but any omission by the police officer to inform the arrested person of this right shall not render the arrest unlawful.

PART VI
EVIDENCE IN CRIMINAL PROCEEDINGS

187. Burden of proof

(1) The burden of proving any particular fact lies on the person who wishes the court or jury, as the case may be, to believe in its existence, unless it is provided by any written law that the proof of such fact shall lie on any particular person :
Provided that subject to any express provision to the contrary in any written law the burden of proving that a person who is accused of an offence is guilty of that offence lies upon the prosecution.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt