Malaysia legislation
Section 75
Section 75
Compounding of offences
(a)
any offence under this Act or any regulations made under this Act as an offence which may be compounded;
(b)
the criteria for compounding such offence; and
(c)
the method and procedure for compounding such offence.
(2)
The Director General or any officer authorized in writing by the
Director General may, with the consent in writing of the Public
Prosecutor, at any time before a charge is being instituted, compound by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the
Director General of a sum of money not exceeding fifty per centum of the amount of maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer.
(3)
An offer under subsection (2) 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 such extended time as the
Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document
54 Laws of Malaysia ACT 789
or thing seized in connection with the offence may be released by the
Director General, subject to such terms and conditions as the Director
General thinks fit.
(5)
All sums of moneys received by the Director General under this section shall be paid into and form part of the Federal Consolidated
Fund.