Rules relating to the conduct of
judicial proceedings (No: 6)
2003
Ministry of Justice
Male’
Republic of Maldives
Translator’s
Note
The above titled book is a compilation
of the various regulations governing the conduct of hearings. Selected regulations that might be of
relevance have been translated.
3. Procedure for hearing cases in the Island Courts
It
has been decided that the each of the Island Courts shall have the jurisdiction
to hear all types of cases.
The
courts of Male shall hear cases concerning serious criminal offences and cases
involving large sums of money.
1. All cases of death except those cases involving
death caused by negligence, cases concerning death of a child by falling into
such place as the sea resulting from lack of due care and attention and cases
concerning the killing of a child upon the giving of birth pursuant to zina
(fornication).
2.
Cases tried under Law No. 10/90 (Law on the Prohibition of Terrorism).
3.
Cases tried under Law No. 17/77 (Law on Narcotic Substances).
4. Among the offences of theft, misappropriation,
criminal breach of trust, cheating and extortion, those involving an amount of
Rf.100000 and above.
5. Cases concerning the counterfeiting of notes and
coins and smuggling of the same into Maldives.
6. Cases tried under a provision among the provisions
in Chapter 1 “Acts against the State and Disharmony” of the Penal Code.
7. Cases concerning speech which contravenes the
tenets of Islam specified in section 8(1) and speech which may disrupt public
peace specified in 8(2) of Law No: 4/68 (General Laws).
8. Cases concerning the commission of Zina’
(fornication) against the women’s consent.
9. Cases concerning money involving Rf.100000 and
above.
10. All cases mentioned above shall be heard by the
competent court of Male.
11. Upon the issuing of this Circular, Circular No.
MJC99/11 of Ministry of Justice is abolished.
No.
MJC 99/3
22
November 1999
20. Relating to the non-attendance
of persons summoned to Court
1. Where the defendant, after having received a
Summons, and without acceptable reason, fails to appear in accordance with the
Summons, on the first time he fails to attend, he shall be liable to a fine of
Rf.75.00. The fine shall be paid within a period of three days. In the case of
failure to pay within the specified period, the person shall be dealt with in
accordance with the procedure specified in Law No. 27/76. If the person who
failed to attend is the person initiating the case, in addition to the fine
specified in this provision, the claim
submitted by the person shall be rejected and the plaintiff shall not be able
to re-file the case in any court before the expiry of 3 (three) months.
2. Where, having received the Summons, and without
acceptable reason, there is failure to appear on two Summons, the person shall
be put under house arrest for a period of 15 days.
3. Where it is known that the person to be summoned
resides at the address and two consecutive summons were not delivered
(communicated) to the person the summons shall be affixed to the front door of
the house. And thereupon, the summons
shall be considered to be delivered to the person, and if there is failure to
attend on the time specified in the summons, the person shall be dealt with in
accordance with sub-section 2 of this regulation.
4. After the commencement of the proceedings, if the
person is not in the address provided and the whereabouts of the person is not
known, a radio announcement shall be made to locate the person informing that
proceedings will take place in absentia. In the event the person fails to
attend court on the date specified in the announcement, it shall be considered
that notification to attend court has been given and the case shall proceed in
his absence.
5. Where there is refusal to accept the Summons
refuses upon its service, the person shall be dealt with in accordance with
sub-sections 1 and 2 of this regulation.
6. Information relating to persons detained in
accordance with this regulation shall be sent to these places without delay.
In the case of Male:
Original:
-Department of Penitentiary and Rehabilitation
Services
Copy:
-The President’s Office
- Ministry of Defense and National Security
- Ministry of Justice
In the case of the Atolls:
Original:
- Island office
Copy:
- The President’s Office
- The Atoll Office
- Department of Penitentiary and Rehabilitation
Services
- Ministry of Defense and National Security
- Ministry of Justice
-And where a person is detained in accordance with
this regulation, Ministry of Justice shall be notified through an express
message.
1. When attending court, the Maldivian National
Identity Card shall be carried.
2. The following information as a special notice
shall be specified on the Summons.
a. After arrival in court, the summons shall be
handed over to the court without delay.
And leaving without the permission of the court is prohibited.
The person shall attend the Court in accordance with
the Summons unless attendance is made impossible by reason of the medical
condition of the person himself or a parent, child, or spouse of the person or
a party under his responsibility pursuant to Shariah.
b. Where a situation specified in sub-section (b) of
this provision arises, the court shall be notified in writing before the date
or time of the hearing.
c. In addition to the notice referred to in
sub-section (c) of this provision, a medical certificate issued by a government
hospital or a health centre or in the case of islands with no such hospital or
health centre, the form issued by the island court for this purpose filled by
the island office shall be submitted to the court within 48 hours.
d. Where the defendant, after having received a
Summons, and without acceptable reason, fails to appear in accordance with the
Summons, on the first time he fails to attend, he shall be liable to a fine of
Rf.75.00. The fine shall be paid within a period of three days. In the case of
failure to pay within the specified period, the person shall be dealt with in
accordance with the procedure specified in Law No. 27/76. If the person who
failed to attend is the person initiating the case, in addition to the fine
specified in this provision, the claim
submitted by the person shall be rejected and the plaintiff shall not be able
to re-file the case in any court before the expiry of 3 (three) months.
(section 1 of 20)
e. Where, having received the Summons, and without
acceptable reason, there is failure to appear on two Summons, the person shall
be put under house arrest for a period of 15 days. (section 2 of 20)
f. Where there is refusal to accept the Summons
refuses upon its service, the person shall be dealt with in accordance with
sub-sections 1 and 2 of this regulation. (section 5 of 20)
g. When attending court, the Maldivian National
Identity Card shall be carried. (section 7 of 20)
No:
MJC 197/02
23
June 1997
1. On the Summons or letter sent requiring an
employee of NSS (National Security Service) to attend court, the reason for
being required to attend shall clearly be stated. And especially on the summons sent requiring, in connection with
a case investigated by Police Headquarters, the attendance of the person who
investigated the case, information identifying the case shall be stated.
With reference to Ministry of Justice letter No:
12/2001
12 December 2001
2. Where, after taking steps to summon persons whose
attendance is required in connection with proceedings, the person fails to
attend or the person cannot be located, the letter or message form sent to the
Ministry of Justice requesting the person to be brought shall in addition to
the to information included at present, contain the following:
1. Full Name (with the name commonly used)
2. Permanent address (Name of the registered island
and address in the island)
3. Last address in Male
4. Type of the case
5. Name of the authority investigating the case
Ministry of Justice letter No: 11/2001
13 December 2001
24. Summoning persons to an island
court from another atoll
1. Where persons have to be summoned from one atoll
to the other in connection with court proceedings, they shall be summoned
through the respective Atoll Office after keeping a deposit in accordance with
regulation. If a person fails to appear before court on the specified date
without an acceptable reason, the person shall be prosecuted (under section 88
of the Penal Code) as a person who has disobeyed, by the Atoll Office through
the Attorney General’s Office in the island court of the island he is in.
2. Where a person of Male or a person from the Atolls
residing in Male has a case brought against the person and the person fails to
attend court the court shall submit (the matter) to the Ministry Justice. The
matter of bringing the person to court shall be carried out by the Ministry of
Justice. Where there is failure to attend without an acceptable reason, the
person shall be prosecuted (under section 88 of the Penal Code) as a person who
has disobeyed through the Attorney General’s Office.
Number:
MJC 9/93
21
April 1993
To the Attention
When summoning persons who have to be summoned from
one atoll to another it shall be done as follows.
1. To send summons through the Island Court where the
person is currently residing.
2. Those who failed appear before Court without a
valid reason stated in provision 19 of this Regulation shall be tried in
accordance with provision 20(1) of this Regulation.
3. If a person fails to appear before Court after
having received 2 consecutive summon without a valid reason, then the persons
must be tried in accordance with Section 20(2) of this regulation and a letter
requesting the person be brought before the court must be written to the
Ministry of Justice.
35. Persons in respect of whom by reason of family
relations or otherwise proceedings
cannot be conducted.
1. By reason of family relations, persons in relation
to whom a judge shall not be competent to conduct proceedings are as follows:
a. Father and step-father.
b. Mother and step-mother.
c. Children and step-children.
d. Grandfathers and grandmothers.
e. Wives.
f. Brothers and sisters, and their children.
g. First cousins.
h. Sons-in-law and daughters-in-law.
i. Father-in-law and mother-in-law.
j. Brothers-in-law and sisters-in-law.
2. By reason other than family relations, persons in
relation to whom a judge shall not be competent to conduct proceedings are as
follows:
a. Business associates and persons having an
employment relationship.
b. A judge shall recuse himself where a case is
presented before the judge and the case is that of a person who is closely
associated with the judge by reason of friendship or otherwise.
c. A judge shall recuse himself where after a case is
presented before the judge friendship or other relationship arises between the
judge and a person to whom the case relates.
Number:
1/99-MJC.
04th
January 1999.
65. Confessing at the investigation and departing
from the confession at trial
If the plaintiff, the defendant, witnesses or any
other person summoned in connection with proceedings refuses to sign the
register recording the statements made in the proceedings, two employees of the
court shall sign, testifying that the written statement is a true record of the
oral statements made by that person.
Courts not having two employees shall find some other
person. And, in addition to the two witnesses who sign, the judge shall also
affix his signature.
Number:
8/98 MJC
25th
August 1998.
67.
Crimes committed under the provision 20 of the Constitution
In cases involving Article 20 of the Constitution,
where such offence is committed by an employee of the State concerned with such
work, penalty shall be imposed on the person under section 88(1), chapter 3 of
the Penal Code to banish the person for a period of 6 months or to imprison for
a period of 6 months.
Provision
20 of the Constitution is stated below:
“Letters,
messages, telephonic conversations and such other means of communication shall
be inviolable. Such letters, messages, telephonic conversations and other means
of communication shall not be intercepted, read, listened to or divulged except
as expressly provided by law.”
No: MJC 22/93
16 September 1993
71. Failure to follow due procedure in relation to lost property which has been found.
1. Where a person who fails to duly surrender lost
property which the person has found and uses it is a person who has a
conviction for theft, the same punishment given to a person who intentionally
commits theft shall be given.
2. If the person does not have a conviction of theft,
punishment given for those offences which fall within the classes of theft
other than intentional theft shall be given.
3. Where the person has not used the recovered item
but has failed to surrender to the relevant authority, without intending to
hide the property and by reason of omission or negligence, fails to take due
action with respect to it, a fine
(considering as an act contrary to regulation) shall be imposed.
No:
MJC- 6/76
20
March 1976
72.
Penalty for extortion
The withholding, without handing over of property
under one’s control which belongs to another shall not be considered as
extortion and where through assault on the person and brutality, another’s
right is appropriated openly, the person shall be given the punishment for
extortion.
No:
MJC 28/73
6
June 1973
76. Mitigated blood money
Mitigated blood money shall be Rf.100000 (one hundred
thousand). As such in cases concerning death heard after 29 April 1993 blood
money shall be determined as specified.
No: MJC 17/93
5 May 1993.
80.
Offences prosecuted immediately in court
Where confession made at investigation is departed
from in court, the State immediately brings an action for perjury in the cases
specified below.
1- Offences against Allah
2- Serious cases of theft
3- Serious political offences
From the cases mentioned above, offences which will
be considered as serious cases of theft shall be theft committed as specified
in section 136 of the penal Code, cases of theft committed by using a weapon in
a manner threatening life or theft by threatening with a weapon and theft cases
involving an amount of Rf.15000 and above.
Offences considered as serious political offences
shall be those specified in sections 29, 30, 31, 32, 34, 35, 36, 37, 38, 39,
40, 41, 46, 47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 of the Penal
Code. And the value of stolen property referred to in section 132 as being
among serious theft is increased to Rf.5000 and above because even though that
law remains so, the value of property has increased in the present time. And among serious political offences
provisions in the Penal Code concerning unlawful assembly has been included
because the acts referred to therein are acts which may disrupt public peace.
No: MJC. 1/95.
15 January 1985.
81. The
penalty for the offence of consuming alcohol
If the consumption of alcohol is proven in court, in
addition to the administering of “Hadd” penalties as specified below
shall be imposed.
1. If it is the first time the consumption of alcohol
has been proven, imprisonment or banishment for a period of 1 year.
2. After the first time, each time the consumption of
alcohol is proven against the person, the imposition of penalty by adding one
year to the term of imprisonment or banishment.
3. If (the person) confesses to consuming alcohol and
departs from that confession, banishment for a period of 1 year under section
63, chapter 3 of the Penal Code for the offence of perjury.
No:
MJC. 1/96.
28
May 1996
92. In cases submitted by the State
refusal to answer any question in court after the investigation.
In cases submitted by the State, where the case has
gone for hearing pursuant to investigation and (the person) remains in silence
refusing to answer any question, the person who brought about the silence shall
immediately be imposed a penalty under sections 85, 86, 87 or 88.
Thus,
upon the issuing of this Circular, Circular No. MJC 5/94 (19 July 1994) of
Ministry of Justice shall be abolished.
No:
MJC 58/94
10
November 1994
100. Penalty for such pregnancy
where the child cannot be attributed to a definite person
Where
(a person) becomes pregnant in such a way that the child cannot be attributed
to a definite person, (the person) shall be put under house arrest for a period
of 1 year.
No:
MJC 2/89
18
January 1989
108.
Changing the judgment of a case submitted by the Attorney General’s Office
If the judgment of a case submitted on behalf of the
Attorney General has to be changed, arrangement shall be made to change the
judgment in the presence of a person sent on behalf of the Attorney General.
No:
MJC 72/19
27
April 1972
109. Cases
involving the receiving of punishment twice for the same offence
Where after a person has spent time serving a
sentence imposed in a case that has been concluded, for some reason the ruling
has to be cancelled and the matter reheard and on rehearing it so transpires
that a penalty is to be imposed and a case arises thereby where it is
considered that it has to be arranged to deduct the term of the previous
sentence from the latter, the matter has to be written to the Ministry of
Justice to be referred to the President’s Office.
1
May 1973
111. Cases where the ruling given in respect of a
person who has been convicted and punished has to be invalidated and a ruling
involving a shorter sentence has to be
passed
The following procedure has to be followed in a case
where the ruling given in respect of a person who has been convicted and
punished has to be invalidated and a ruling involving a shorter sentence has to
be passed.
If the ruling given in a previous judgment has to be
invalidated and upon the case being heard for the second time a sentence which
is shorter than the sentence served on the pervious judgment has to be entered,
such ruling shall be made and the case shall be sent to the authority to which
it has to be forwarded for enforcement. However, a letter informing the
circumstances of the case shall be written to the authority to which the
execution of the sentence has been assigned.
At the same time, a brief report of the case shall be submitted to the
Ministry of Justice.
No:
MJC 47/73
18
August 1973
116. Departing of persons involved
in ongoing cases
1.
Departure of persons involved in ongoing cases in Male courts or island courts
(plaintiff, defendants and witnesses) without the leave of the court is
prohibited.
2.
Where the person initiating the case makes a departure without the leave of the
court, the case submission form shall be cancelled and re-filing the case
before the expiry of 6 months shall not be allowed.
3.
Where the person initiating the case, the defendant/respondent, or a person
among witnesses leaves without the permission of the court, the person shall be
detained under section 6 of Law No: 4/68 (General Laws), and the person shall
be brought to court while being kept in detention and shall be prosecuted for
contravening regulation.
No:
MJC 6/81
16
May 1981
The
Court conducting the hearing shall confiscate the passports of persons who are
restricted from leaving the country in connection with ongoing cases and
forward (the passports) to the Department of Immigration and Emigration.
Relating
to Letter No: 1/97 of Ministry of Justice.
24
February 1997.
164. Cases that are to be decided in accordance with Section 6 of the Law Relating to Evidence
The principle designated for special circumstances
referred to in section 6 of the Law Relating to Evidence (No: 24/76) is to be viewed as requiring such cases to be
decided after writing to the Ministry of Justice and obtaining authorization.
13
January 1977.
173. Penalty for the offence of sexual misconduct
Translator’s Note:
- Hadd offences are offences which carry specific penalties
prescribed in the Qur’an and by Prophet Muhammad.
- In this regulation Hadd refers to l