Malaysia legislation
Section 74
Section 74
(a)
any offence under this Act as an offence which may be compounded; and
(b)
the method and procedure for compounding such offence.
(2)
The Chairman of the Commission may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act prescribed to be a compoundable offence by making an offer in writing to the person suspected to have committed the offence to compound the offence upon payment to the Chairman of the Commission of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his 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.
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(4)
If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Chairman of the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(5)
Where an offence has been compounded under this section—
(a)
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any document or thing seized in connection with the offence may be released by the Chairman of the Commission, subject to such terms as the Chairman of the Commission thinks fit.
(6)
All sums of money received by the Chairman of the
Commission under this section shall be paid into and form part of the Federal Consolidated Fund.
Obligation of secrecy