'Rights during trial - disclosure of evidence to defence' in document 'Malawi - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIAL

162. Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his legal practitioner, if any.

PART IX
SUMMARY COMMITTAL PROCEDURE FOR TRIAL OF PERSONS BEFORE THE HIGH COURT

293. Statement, etc., to be supplied to accused

In every summary procedure case the prosecution shall, not less than twenty-one clear days before the date fixed for the trial of the case, furnish to the accused or his legal practitioner, if any, and to the Registrar of the High Court a list of the persons whom it is intended to call as witnesses for the prosecution at the trial and a statement of the substance of the evidence of each witness which it is intended to adduce at the trial.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.