Application of this Part
s 6
A request for assistance under this Part may be made to any foreign State.
Mutual Assistance in Criminal Matters Act 2002 Part II — Request by malaysia
Request to be made by or through Attorney General
s 7
(1) A request by Malaysia to a foreign State for assistance in a criminal matter under this Part shall be made by or through the Attorney General. (2) A request under subsection (1) shall be made through the diplomatic channel.
Request for taking of evidence, etc.
s 8
(1) The Attorney General may, if he is satisfied that there are reasonable grounds for believing that any evidence would be relevant to any criminal proceedings in Malaysia, request the appropriate authority of a foreign State to arrange for— (a) such evidence to be taken in the foreign State; and (b) the evidence to be sent to him. (2) The Attorney General may, if he is satisfied that there are reasonable grounds for believing that any thing would be relevant to a criminal matter in Malaysia, request the appropriate authority of a foreign State— (a) to assist in obtaining, by search and seizure if necessary, such thing in the foreign State or a photograph or copy of the thing; and (b) to arrange for the thing or the photograph or copy of the thing to be sent to him. (3) Any evidence or thing, or photograph or copy of a thing, received by the Attorney General pursuant to a request under subsection (1) or (2) may, subject to the provisions of the Evidence Act 1950 [Act 56] and the Criminal Procedure Code [Act 593], be admitted as evidence at any criminal proceedings to which the request relates. (4) In assessing the weight, if any, to be attached to any evidence received by the Attorney General pursuant to a request made under subsection (1) which has been admitted as evidence in any criminal proceedings to which the request relates, the court shall have regard to— (a) whether it was possible to challenge the evidence taken; and (b) whether the law of the foreign State concerned allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.
Request for attendance of person in Malaysia
s 9
(1) The Attorney General may request the appropriate authority of a foreign State to assist in arranging for the attendance in Malaysia of a person in the foreign State for the purpose of giving any evidence or assistance if he is satisfied that— (a) there are reasonable grounds to believe that the person is capable of giving such evidence or assistance relevant to a criminal matter involving a serious offence; and (b) the person consents to travel to Malaysia for the purpose of giving such evidence or assistance. (2) The Attorney General may make arrangements with the appropriate authority of the foreign State for the purpose of the attendance of that person in Malaysia, his return to the foreign State and other relevant matters.
Penalty not to be imposed for refusal to consent
s 10
Where, pursuant to section 9, the Attorney General requests the assistance of the appropriate authority of a foreign State in arranging the attendance in Malaysia of any person, that person shall not be subjected to any penalty or liability or otherwise prejudiced in law by reason only of his refusal or failure to consent to attend as requested.
Immunities and privileges
s 11
(1) A person who is in Malaysia pursuant to a request made under section 9 shall not— (a) be detained, prosecuted or punished in Malaysia for any offence that is alleged to have been committed, or that was committed, before his departure from the foreign State concerned pursuant to the request; (b) be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or that had occurred, before his departure from the foreign State pursuant to the request; or (c) be required to give evidence or assistance in relation to any criminal matter in Malaysia other than the criminal matter to which the request relates. (2) Subsection (1) ceases to apply if— (a) the person has left Malaysia; or (b) the person has had the opportunity of leaving Malaysia and has remained in Malaysia otherwise than for— (i) the purpose to which the request relates; or (ii) the purpose of giving evidence or assistance in a criminal matter in Malaysia certified by the Attorney General in writing to be a criminal matter in which it is desirable that the person gives evidence or assistance. (3) A certificate given by the Attorney General under subparagraph (2)(b)(ii) has effect from the day specified in the certificate, which may be a day before the day on which the certificate is given.
Limitation on use of statement
s 12
Where a person is in Malaysia pursuant to a request made under section 9 and that person has made a statement in relation to the criminal matter to which the request relates or in relation to a criminal matter certified by the Attorney General under subparagraph 11(2)(b)(ii), that statement— (a) shall not be admitted or otherwise used in any prosecution of the person for an offence against the laws of Malaysia (other than for the offence of perjury or contempt of court in relation to the giving of that evidence) unless the appropriate authority of the foreign State concerned consents to it being so used; and (b) may be admitted or used against him in any criminal proceedings in Malaysia— (i) for the purpose of impeaching his credibility; or (ii) as evidence of any fact stated in that statement, of which direct oral evidence by him would be admissible, if in giving such evidence he makes a statement inconsistent with that statement.
Request for enforcement of forfeiture order
s 13
(1) The Attorney General may, if he is satisfied that there are reasonable grounds for believing that some or all of the property concerned is located in a foreign State, request the appropriate authority of that foreign State to make arrangements— (a) for the enforcement and satisfaction of a forfeiture order; or (b) where a forfeiture order may be made in criminal proceedings which have been or are to be instituted in Malaysia, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order. (2) A certificate purporting to be issued by or on behalf of the appropriate authority of a foreign State stating— (a) that property has been recovered in the foreign State pursuant to a request under subsection (1); (b) the value of the property; or (c) the date on which the property was recovered, shall, in any judicial proceedings, be admissible as evidence of the matter so stated.
Assistance in locating or identifying persons
s 14
Where the Attorney General is satisfied that there are reasonable grounds for believing that there is, in any foreign State, a person who— (a) is or might be concerned in or affected by; or (b) could give evidence or assistance relevant to, any criminal matter in Malaysia, the Attorney General may request the appropriate authority of that foreign State to assist in locating, or, if the person’s identity is unknown, in identifying and locating, that person.
Assistance in service of process
s 15
(1) The Attorney General may request the appropriate authority of a foreign State to assist in effecting service of any process where the Attorney General is satisfied that for the purposes of or in connection with any criminal matter in Malaysia, it is necessary or desirable to serve that process on a person or an authority in that foreign State. (2) This section shall be without prejudice to the Summonses and Warrants (Special Provisions) Act 1971 [Act 25].
Back to Mutual Assistance in Criminal Matters Act 2002 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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