Malaysia legislation
Section 51
Section 51
New section 76a
The principal Act is amended by inserting after section 76
the following section:
“Compounding of offences 76a. (1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing—
(a)
any offence under this Act or any regulations made under this Act as an offence which may be compounded; and
Patents (Amendment)
(b)
the method and procedure for compounding such offence.
(2)
The authorized officer may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the authorized officer a sum of money not exceeding fifty per centum of the amount of maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.
(3)
A written 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, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.
(4)
Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the authorized officer may forfeit or return any book, account, document or articles seized in connection with the offence, subject to such terms and conditions as the authorized officer thinks fit.
(5)
All sums of money received by the authorized officer under this section shall be paid into and form part of the Federal Consolidated Fund.”.
Substitution of section 78f