Malaysia legislation

Section 126

of *ARMED FORCES ACT 1972

Section 126

(a)

the officer who convened the court-martial or any officer superior in command to that officer;

(b)

the successor of any such officer or superior officer, or any person for the time being exercising the functions of any such officer or superior officer;

(c)

failing any such officer as aforesaid, any officer appointed by the Armed Forces Council to act as confirming officer, whether for the particular case or for a specified class of cases.

Armed Forces 115

(2)

The following shall not have power to confirm the finding or sentence of a court-martial, that is to say:

(a)

any officer who was a member of the court-martial;

(b)

any person who, as commanding officer of the accused, investigated the allegations against him, or who is for the time being the commanding officer of the accused; or

(c)

any person who, as appropriate superior officer, investigated the allegations against the accused.

(3)

A Warrant or delegation empowering the convening of courts-martial may reserve for confirmation by superior authority findings or sentences or both in such circumstances as may be specified by or under the Warrant or delegation and the powers conferred by subsection (1) shall be exercisable subject to any such reservation.

Approval as well as confirmation required for certain death sentences

Section 126 — ARMED FORCES ACT 1972 | mylaw.my