Malaysia legislation
Section 146
Section 146
Persons not to be tried under this Act for offences already disposed of
(a)
has been tried for an offence by a competent civil court or a court-martial or has had an offence committed by him taken into consideration by any such court in sentencing him;
(b)
has been charged with an offence under this Act and has had the charge dismissed, or has been found guilty on the charge by his commanding officer or an appropriate superior authority; or
(c)
has had an offence condoned by his commanding officer, he shall not be liable in respect of that offence to be tried by court-martial or to have the case dealt with summarily by his commanding officer or an appropriate superior authority.
(2)
For the purposes of this section—
(a)
a person shall not be deemed to have been tried by a court-martial if confirmation of a finding by the court-martial that he is guilty of the offence, or of a finding by the court-martial that he is not guilty of the offence by reason of insanity, is withheld;
(b)
a person shall not be deemed to have had an offence taken into consideration by a court-martial in sentencing him if confirmation of the sentence of the court is withheld or the sentence is quashed;
(c)
a case shall be deemed to have been dealt with summarily by a commanding officer or an appropriate superior authority notwithstanding that the finding of that officer or authority has been quashed or varied, on the review thereof;
(d)
an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorized by him to act in relation to the alleged offence
134 Laws of Malaysia ACT 77
has with knowledge of all relevant circumstances informed him that he will not be charged therewith;
(e)
a person ordered under subsection 75(2) to be imprisoned or to undergo detention for an offence against that section shall be deemed to have been tried by court-martial for the offence.
(3)
Where confirmation of a finding of guilty of an offence or of a finding of not guilty of an offence by reason of insanity is withheld, the accused shall not be tried again by court-martial for that offence unless the order convening the later court-martial is issued not later than seventy-two days after the promulgation of the decision to withhold confirmation.
(4)
Save as provided in the foregoing provisions of this section, proceedings for an offence against this Act (whether before a commanding officer or an appropriate superior authority or before a court-martial) shall not be barred on the ground of condonation.
Inquiries
Boards of inquiry