Criminal Procedure Code (Unofficial)
- Law number:
- 12/2016
- Published date:
- 02/05/16
- Effective date:
- 02/07/17
Part 1: Preliminary Provisions
Chapter 1: Introduction and Objectives
1. Introduction and short title
2. Purpose of the Act
3. Arrangement of Parts
4. Prosecution
5. Investigation of crimes
6. Courts with criminal jurisdiction
Chapter 2: Definitions
7. Basis of the concepts used in the Act
8. Delivery of judgment
9. Accused
10. Courts of relevant jurisdiction
11. Preliminary hearing
12. Fast-track proceeding
13. Appeal
14. Dismissal of case
15. State
16. Prosecution
17. Defendant
18. Law Enforcement Authority
19. Criminal proceedings
20. Pre-trial motion
21. Conduct of criminal proceedings
22. Serious criminal offences
Part 2: Investigation
Chapter 3: Reporting a Case
23. Where case is to be reported
24. Procedure for filing report
25. Notification of registration
26. Informing the outcome of the case
Chapter 4: Search and Seizure of Property
27. Power to search and seize
28. Entry into public places
29. Search of public places
30. Entry into private property
31. Search of private property
32. Search warrant
33. Execution of search warrant
34. Additional powers granted to law enforcement authorities executing a search warrant
35. Search of vehicles
36. Seizure of Property
37. Application for recovery of assets
Chapter 5: Stop, Search and Arrest of Persons
38. Stop and Search of person
39. Power to make inquiry about identity
40. Arrest
41. Arrest warrant
42. Procedure for carrying out an arrest
43. Arrest notification
44. Caution
45. Procedures following arrest
46. Interrogation/Questioning in detention
47. Right to Remain Silent
48. Right against self-incrimination
49. Circumstances that do not fall under the right to remain silent and the right against self-incrimination
50. Detention not amounting to arrest
51. Right to counsel
52. Detention
53. Searching arrested individuals
54. Search and seizure
55. Acquiring samples from a detainee
56. Acquiring internal bodily samples/ Intimate samples
57. Regulation on acquiring samples
Chapter 6: Audience of Detainees Before a Judge
58. Bringing the detainee before a judge to determine the legality of the detention
59. Factors to be considered by the judge on the matter of detention
60. Determining the matter of detention
Chapter 7: Release on Bail
61. The Right to Bail
62. Types of Bail
63. Offenses ineligible for bail
64. Release on Surety
65. Release on Bail upon Cash bail
66. Releasing Upon Subject to Conditions Imposed by Court
67. Recording Information
68. Detaining passport on release
69. Enacting Regulation on Bail
Chapter 8: Miscellaneous Powers of Investigative Authorities
70. Discretion to exercise power conferred under law
71. Power to summon to the Law Enforcement Authority
71-1. Release Subject to Being Present Upon Request
72. Monitoring of Bank Account
73. Freezing Bank Accounts and Prohibiting Transaction
74. Surveillance of Private Communications
75. Detaining a Passport
Section 75-1
Chapter 9: General Provisions for Investigation
76. Joint Investigation
77. Forward to Prosecutor General for Charging
78. Forwarding the Case
79. Submitting documents as Confidential
79-1. Recording Authorization in Writing
Part 3: Charging Stage
Chapter 10: Filing of Charges
80. Fulfillment of Every Legal Condition required by Law
81. Charging
82. Form of Charge
83. Submission of Evidence to Prove the Charge
84. Providing the Accused with Case Documents
85. Effect of Error
86. Separate Charges for Distinct Offences
87. When a Person Charged with One Offence Can be Convicted of Another
88. When Persons May Be Charged Jointly
89. Interests of Persons Jointly Charged
90. Withdrawal of Remaining Charges on Conviction on one of Several Charges
91. Alteration of Charge
92. Recall of Charge
93. Invalidation of Charge
94. Limitation of Charging
95. Cases prior to the commencement of this Ac
96. Clemency for Those Plead Guilty and Request for Plea Agreement
Chapter 11: Cautioning
97. Conditional Cautioning in Lieu of Charging
98. Cases Eligible for Conditional Cautioning
99. Determining the Best Interest of Public
100. Agreement of conditional cautioning
101. Reoffending
102. Drafting secondry legislation on cautioning intead of prosecuting
Chapter 12: Reduction of Sentence
103. Reduction of Sentencing
104. Plea Agreement
Part 4: Pretrial Proceedings
Chapter 13: Pretrial Hearing
105. Preliminary Hearing
106. Particulars to be Attained During Preliminary Hearing
107. Response to Charge
108. Guilty Plea During Preliminary Hearing
109. Recanting Plea Agreement
110. Pleading Not Guilty
111. Recanted Confession Shall not be Used Against the Accused
112. Accused Appearing to Preliminary Hearing
113. State Appearing to Preliminary Hearing
114. Appointment of Legal Counsel
115. Prima Facie Case
116. Table of Dates for the Trial
Chapter 14: Pretrial Motion
117. Pretrial motions
118. Time for Filing Pretrial Motions and Pretrial Motion Hearings
119. Types of pretrial motions
120. Nonexculpatory Defense
121. Defense of Insanity
122. Defense of Alibi
Chapter 15: Preservation of Oral Testimony
123. Depostion by Court Order
124. Notice
125. Defendant's Presence
126. Manner of Taking
127. Objections
128. Use as Evidence
Chapter 16: Discovery of Evidence
129. Evidence disclosure on the part of the State
130. Information which are exempted from mandatory disclosure
131. Court orders on protective measures
132. Evidence disclosure on the part of the accused
133. Information which are not required to be disclosed
134. Orders on protective measures
135. Obligation for evidence disclosure
136. Enforcement of the provisions of evidence disclosure
137. No exemption case for illegal evidence
Part 5: Trial Proceedings
Chapter 17: Trial Process
138. Cases that can proceed to trial
139. Trial of defendants who plead guilty
140. Trial of defendants who plead not guilty
141. Exceptions
142. Conducting fair and continuous trials
143. Trial proceedings open to the public
144. Commencement of trial, Opening Statement of Prosecution, and the Defense
Section 144-1
Chapter 18: Submission and Admission of Evidence
145. Evidence admissible in Court
146. Inadmissibility of evidence other than that submitted by parties to the case
Chapter 19: Taking Oral Testimony
147. Taking testimonial evidence from a witness
148. Witness testimony via video conference
149. Application for a Witness Protection Order
149-1. Witness Protection Order
149-2. Testimony of Witnesses Under Protection
Chapter 20: Conclusion of Trial Proceedings
150. Submission of Closing Statement
151. Concluding trial proceedings
152. Circumstances in which the Judge cannot proceed with trial
Chapter 21: Verdict
153. Conducting a hearing to deliver judgment without delay
154. Delivering judgment
155. Judgment of acquittal
156. Conviction
157. Alteration of the judgment
158. Informing the right to appeal
Chapter 22: Sentencing
159. Imposition of a sentence
160. Separate hearing for sentencing
161. Following the guidelines on sentencing
Chapter 23: Fast-track Hearing
162. Fast-track proceedings for defendants who plead guilty
Chapter 24: General Provisions for Trial Process
163. Continuous trial proceedings
163-1. Trial proceedings via audio and video conference
164. Adjournment and postponement of trial
165. Objection
166. Language used in trial proceedings
167. The defendant is unable to understand Dhivehi language or is illiterate
168. Maintaining records,168
169. Opportunity to peruse statements or listen to recordings of the case
170. Contempt of Court
Chapter 25: Summons
171. Court Summons
172. Delivery of Court Summons
173. Recipient of Court Summons
174. Appearing in Court
175. Delivering Court Summons to an individual on another island or country
176. Regulation on summoning individuals to Court
177. Expenses incurred in summoning witnesses
178. Summoning detainees to Court
179. Court attire of summoned individuals
Chapter 26: Report of Judgment
180. Producing a case report for every case
181. Information that must be included in the report
182. Requesting case report by parties relevant to the case
Part 6: Post-trial Proceeding
Chapter 27: Enforcement
183. Order to enforce a judgment
184. Information that must be included in an order to enforce a judgment
185. Executing multiple judgments
186. Deducting the period of detention from the sentencing period
187. Maintaining criminal records
188. Payment of penalty
189. Registration and payment of debt
190. Maintaining record of debt
191. Releasing from detention upon acquittal
Chapter 28: Confiscation of Proceeds of Crime
192. Confiscating proceeds of crime and property
193. Confiscation is not part of sentencing
194. Proceeds of crime and property discovered later
195. Confiscating proceeds or property other than the proceeds of crime and property subject to an order of confiscation
196. The existence of third-party rights
197. Executing an order to confiscate proceeds of crime and property
Chapter 29: Appeal
198. Appeal
199. Appealing a conviction
200. Appealing a judgment of acquittal
201. Appealing a sentence
202. Appealing an order to confiscate proceeds of crime and property
203. Appeals to the Supreme Court
Chapter 291: Special Measures
203-1. Special procedures under a State of Emergency or in the event of a disaster
203-2. Special procedures for arrest and detention
203-3. Special procedures on issuing Court orders
Part 7: Miscellaneous
Chapter 30: General Provisions
204. Rules on issuing Court orders
205. Rules on treatment of children or mentally or physically disabled persons
206. Rights of mentally or physically disabled persons
207. Requesting a writ of habeas corpus
208. Summoning the detainee
209. Determining the legality of detention
210. Seeking compensation
211. Making Regulations
212. Enforcement of this Act
213. Interpretation
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