Skip to content
In forceUpdated to 28 Feb 2020Read it in Bahasa Malaysia

Part V · Enforcement

52. Offence by person acting in official capacity

Feedback & support
(1)

Where an offence is committed by a body, incorporated or unincorporated, a person who is its director or chief executive officer, or any person concerned with its operation or management, at the time of the commission of the offence is deemed to have

Currency 31

committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.

(2)

A natural person may be prosecuted for an offence under subsection (1) notwithstanding—

(a)

that no prosecution has been instituted against the body, incorporated or unincorporated; or

(b)

that the body, incorporated or unincorporated has not been convicted of the offence.

(3)

Subsection (1) shall not affect the criminal liability of the body, incorporated or unincorporated for the offence referred to in that subsection.

Report

Part VI

General

Part VII

Saving and Transitional

Schedules