Malaysia legislation
Section 43
Section 43
(1)
The Director General may, with the written consent of the
Public Prosecutor, compound any offence committed by any person under this Act or the regulations made under this Act and prescribed by the Minister to be a compoundable offence by making a written offer to such person to compound the offence upon payment to the
Director General or any person authorized in writing by the Director
General such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer.
(2)
An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted and where the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General or any person authorized in writing by the
Director General may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(3)
Where an offence has been compounded under subsection (1)—
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(a)
no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made; and
(b)
any book, record, apparatus, equipment, instrument, material, article, substance or any other thing seized in connection with the offence, may be forfeited, destroyed or returned to that person, as the Director General deems fit after taking into consideration the nature of the offence and subject to such terms and conditions as may be imposed.
Institution of prosecution