New provisions to get tough with organised crime

KUALA LUMPUR: Amendments to the Criminal Procedure Code (CPC) saw several new provisions enacted with regard to evidence given against organised crime as well as penalties and seizure of properties from such illegal activities.

The amendments were tabled in Parliament by Minister in the Prime Minister’s Department in charge of law Datuk Nancy Shukri.

Among the amendments made was the protection of witness identity under the new Section 256A where the Public Prosecutor may issue an identity protection certificate for a witness to give evidence in camera.

Notwithstanding that the witness identity may be concealed, Section 256A(5) states that if a witness fears his voice may be recognised, the court may allow his voice to be distorted when giving evidence.

Section 265B allows for a protected witness giving evidence in camera to carry out identification of an accused or any other person via an interpreter or a court officer.

Those who compromise the protected identity of a witness may be punished with a RM10,000 fine and jail term not exceeding five years under Section 265C.

A new Section 388A allows the courts, at their own discretion, to order that an electronic monitoring device is attached to an accused person aimed at securing his attendance at his trial.

However, the order will not be made if it is not practical to do so without the person’s cooperation.

Under Section 388A(5), the Public Prosecutor may apply to the courts for the electronic monitoring device to be attached to an accused to be released on bail.

In each circumstance, the accused person must comply with the terms and conditions of the use of the device and sign a form specified under the Act.

Any person who tampers, destroys or assists in the tampering or destruction of the device may be liable to a fine not exceeding RM5,000 or jail term between two and 10 years or both.

Those attached with the device but fail to comply with the terms and conditions of its use may be liable to a jail term of between two and 10 years.

Also introduced under Section 399B is evidence given by an expert on the activities, structure, rituals, ceremonies, signs, insignia and characteristics or any other matters related to organised crime.

Apart from seizure of properties linked to organised crime under Section 416C, Section 416F allows the police to seize “a business”, which an accused person is involved in, or is carried out on his behalf by a relative or associate.

The new Section 425A also allows the courts to proceed with trials and dispose the cases in the absence of an accused person who has absconded.