'Rights during trial - unsworn oral or written statement in defence' in document 'Malawi - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

268. Provisions as to taking statements or evidence of accused

(2) Before the accused makes any statement in answer to the charge, or gives evidence, as the case may be, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding any such promise or threat.

PART X
TRIALS BEFORE THE HIGH COURT

314. The defence

(2) The accused shall thereupon from the witness box, or such other place as the High Court may direct, and upon oath, give his evidence and answer any questions or produce anything lawfully put to, or required of him by the High Court or in cross- examination.

(3) If the accused elects to give evidence and thus becomes a witness in his own defence, but refuses or neglects to —

(a) be sworn ;
(b) give evidence ;
(c) answer any question lawfully put to him by the High Court or in cross-examination ;
(d) produce any document or thing which he is lawfully required to produce,
such refusal or neglect may be commented upon by the prosecution and may be taken into account by the jury in reaching its verdict.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(h) To make an unsworn oral or written statement in his or her defence