Malawi

Criminal procedure and evidence code

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.

Keywords

Rights during trial - unsworn oral or written statement in defence



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