Taking of evidence - national proceedings

Republic of Malawi

Malawi - Criminal procedure code 1969 (2014) EN

24. Search of arrested persons

(2) In addition to the power to search an arrested person conferred under subsection (1), the police officer shall have power in any such case—

(a) to search the arrested person for anything which—

(iii) may afford evidence of the commission or suspected commission of an offence whether within Malawi or elsewhere; or

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.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;