Malaysia legislation
Section 33
Section 33
Powers of investigation
(2)
An Assistant Controller investigating the commission of an offence under this Act or the regulations may exercise all or any of the powers in relation to police investigation in seizable cases as provided for under the Criminal Procedure
Code.
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Power to require attendance of person acquainted with case 33a. (1) An Assistant Controller making an investigation under this Act or the regulations may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.
(2)
If any person refuses to attend as so required, the Assistant
Controller may report such refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order made under subsection (1).
Examination of person acquainted with case 33b. (1) An Assistant Controller making an investigation under this Act or the regulations may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
(2)
The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the Assistant Controller, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4)
The Assistant Controller examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5)
A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after—
(a)
it has been read to him in the language in which he made it; and
(b)
he has been given an opportunity to make any correction he may wish.
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Admissibility of statement in evidence 33c. (1) Except as provided in this section, no statement made by any person to an Assistant Controller in the course of an investigation made under this Act or the regulations shall be used in evidence.
(2)
When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the Assistant Controller in the course of the investigation under this Act or the regulations and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3)
Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4)
Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5)
When any person is charged with any offence in relation to—
(a)
the making; or
(b)
the contents, of any statement made by him to an Assistant Controller in the course of an investigation made under this Act or the regulations, that statement may be used as evidence in the prosecution’s case.
Prosecution
*34. No prosecution for or in relation to any offence under this
Act or the regulations shall be instituted except by or with the written consent of the Public Prosecutor.
*NOTE—see subsection 22(2) of Direct Sales (Amendment) Act 2010 [Act A1379].
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Forfeiture of property, etc.