Malaysia legislation
Section 30
Section 30
(a)
the misconduct complained of is not substantiated, it shall record its finding and inform the complainant;
(b)
the misconduct constitutes a disciplinary offence, it shall record its finding and make a recommendation as to the
26 Laws Of Malaysia ACT 700
punishment that should be imposed upon the enforcement officer concerned and refer the matter to the appropriate
Disciplinary Authority for its action; or
(c)
the misconduct constitutes a criminal offence, it shall record its finding and compile its report and the investigation papers and refer the matter to the Public Prosecutor.
(2)
Where the Commission has referred a matter to the appropriate Disciplinary Authority under paragraph (1)(b), the
Disciplinary Authority shall inform the Commission of its action and the grounds of its decision within fourteen days from the date of receipt of the finding and recommendation.
(3)
Where the Commission has referred a matter to the Public
Prosecutor under paragraph (1)(c), the Public Prosecutor shall communicate his decision to the Commission within fourteen days from the date of receipt of the finding, report and investigation papers.
(4)
Where a charge is preferred by the Public Prosecutor, any evidence obtained by the Commission under this Act may, notwithstanding the provisions of any other written law to the contrary, be used for the purpose of criminal proceedings.
(5)
The Commission shall make public its finding and inform the complainant of its finding and any action taken by the Disciplinary
Authority or the Public Prosecutor under this section.