Malaysia legislation
Section 38
Section 38
(a)
any offence under this Act and any rules made under this
Act may be compounded;
(b)
criteria for compounding such offence; and
(c)
method and procedure for compounding such offence.
(2)
The Registrar-General or the Superintendent-Registrar may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act or any rules made under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Registrar-General or the
Superintendent-Registrar of such amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer.
(3)
An 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.
34 Laws of Malaysia ACT 299
(4)
If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Registrar-General or the Superintendent-Registrar may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(5)
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 any document or thing seized in connection with the offence may be released by the
Registrar-General or the Superintendent-Registrar, subject to such terms as he thinks fit.
Rules