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Section 21

Exceptions to political offences

of Mutual Assistance in Criminal Matters Act 2002

ActIn forceProvision 21 of 45
Section 21
(1)

For the purposes of paragraph 20(1)(b), the following offence shall not be held to be offences of a political nature:

(a)

an offence against the life or person of a Head of State or a member of the immediate family of a Head of State;

(b)

an offence against the life or person of a Head of

Government, or of a Minister of a Government;

(c)

an offence established under any multilateral international treaty to which Malaysia and the prescribed foreign State are parties and which is declared in the multilateral treaty concerned not to be regarded as an offence of a political nature for the purposes of mutual assistance in criminal matters;

(d)

any other offence declared by the Minister by order published in the Gazette; and

(e)

any attempt, abetment or conspiracy to commit any of the offences referred to in paragraphs (a) to (d).

(2)

The Attorney General may restrict the application of any of the provisions made under subsection (1) to a request from a prescribed foreign State that has made similar provision in its laws.