Malaysia legislation
Section 128
Section 128
Cognizance of offences by Magistrates
(a)
upon receiving a complaint as defined by this Code;
Criminal Procedure Code 97
(b)
upon his own knowledge or suspicion that an offence has been committed;
(c)
whenever it appears to the Public Prosecutor that an offence has been committed and he, by warrant under his hand, requires a Magistrate to inquire into the offence and that Magistrate receives the warrant;
(d)
on any person being brought before him in custody without process accused of having committed an offence which the Magistrate has jurisdiction to try.
(2)
When a Magistrate takes cognizance of an offence under paragraph (b) the accused or, when there are several persons accused, any one of them shall be entitled to require that the case shall not be tried by that Magistrate but shall be tried by another Magistrate.
Sanction required for prosecution for certain offences