Malaysia legislation
Section 25
Section 25
The classification of complaints shall be as follows:
(a)
where the complaint involves any offence under Part IV of the Malaysian Anti-Corruption Act 2009 [Act 694], the complaint shall be referred to the Malaysian
Anti-Corruption Commission;
(b)
where the complaint involves any criminal offence under any other written law, the complaint shall be referred to the relevant authority;
(c)
where the complaint involves any misconduct mentioned in section 22, the complaint shall be referred to any officer of the Commission for investigation;
(d)
where the complaint involves any act regulated under sections 96 and 97 of the Police Act 1967, the complaint shall be referred to the Head of Department responsible for the member of the police force complained against;
and
(e)
where—
(i)
the complaint is frivolous, vexatious or not made in good faith or the subject matter of the complaint is trivial;
(ii)
the misconduct complained of occurred at too remote a time to justify an investigation;
(iii)
the subject matter of the complaint has been finally determined by any court or is the subject matter of any proceedings pending in any court, including any appeal proceedings;
Act 839
(iv)
the complaint is repetitious and contains no fresh allegation which would significantly affect the content of the complaint; or
(v)
the complaint has been withdrawn by the complainant, the Complaints Committee shall refer the complaint to the Commission and make a recommendation for the
Commission to reject the complaint.
Responsibility to refer incident involves sexual crime etc., against person in detention or custody 26.
The police force shall refer to the Commission any incident which involves sexual crime against, or any incident which has resulted in grievous hurt to or death of, any person in the detention or custody of a member of the police force as soon as practicable.