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In forceUpdated to 1 May 2023Read it in Bahasa Malaysia
Contents

Chapter XLIV · Miscellaneous

426. Order for payment of costs of prosecution and compensation

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(1)

The Court before which an accused is convicted of an offence—

Criminal Procedure Code 233

(a)

in its discretion, may make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof as may be agreed by the Public Prosecutor; or

(b)

where—

(i)

the prosecution of the convicted accused involves evidence obtained pursuant to a request made under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; or

(ii)

the accused has obtained pecuniary gain, upon the application of the Public Prosecutor, shall make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof, the sum of which is to be fixed by the Court as may be agreed by the Public Prosecutor.

(1A)

Without prejudice to subsection (1), the Court before which an accused is convicted of an offence shall, upon the application of the

Public Prosecution, make an order against the convicted accused for the payment by him, or where the convicted accused is a child, by his parent or guardian, of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.

(1B)

Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.

(1C)

The Court shall, in making an order under subsection (1A), take into consideration the following factors:

(a)

the nature of the offence;

(b)

the injury sustained by the victim;

(c)

the expenses incurred by the victim;

(d)

the damage to, or loss of, property suffered by the victim;

234

(e)

the loss of income incurred by the victim;

(f)

the ability of the convicted accused to pay; and

(g)

any other factors which the Court deems relevant.

(1D)

For the purpose of making an order under subsection (1A), the

Court may hold an inquiry as it thinks fit.

(2)

The Court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 432

[except paragraph (1)(d)] shall be applicable to any order made under this section.

(3)

The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation.

(4)

To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.

(5)

Every order made under this section by a Magistrate shall be appealable to the High Court.

Report

Chapter V

Chapter V—Abetment

Chapter V

Chapter V—Abetment —(Cont.)

Chapter VI

Chapter Vi—Offences Against the State

Chapter VI

Chapter Vi—Offences Against the State—(Cont.)

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces—(Cont.)

Chapter VIII

Chapter Viii—Offences Against Public Tranquility

Chapter VIII

Chapter Viii—Offences Against Public Tranquility—(Cont.)

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants—(Cont.)

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants—(Cont.)

Chapter XI

Chapter Xi—False Evidence and Offences Against Public Justice

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps—(Cont.)

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures—(Cont.)

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience,

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience, Decency

Chapter XV

Chapter Xv—Offences Relating to Religion

Chapter XV

Chapter Xv—Offences Relating to Religion—(Cont.)

Chapter XVI

Chapter Xvi—Offences Affecting the Human Body

Chapter XVII

Chapter Xvii—Offences Against Property

Chapter XVIII

Chapter Xviii—Offences Relating to Documents and to Currency Notes

Chapter XIX

Chapter Xix—Criminal Breach of Contracts of Service

Chapter XX

Chapter Xx—Offences Relating to Marriage

Chapter XX

Chapter Xx—Offences Relating to Marriage—(Cont.)

Chapter XXI

Chapter Xxi—Defamation

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance—(Cont.)

Schedules