Malaysia legislation
Section 61
Section 61
Compounding of offences
(a)
any offence under this Act as an offence which may be compounded; and
(b)
the method and procedure for compounding such offence.
Act 861
(2)
The Commission may, with the consent in writing of the
Public Prosecutor, at any time before a prosecution is being instituted, compound any offence prescribed as an offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Commission of a sum of money not exceeding fifty per centum of the amount of the 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 offer is not paid within the time specified in the offer, or such extended time as the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the 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 Commission may forfeit or return any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing seized in connection with the offence, subject to such terms as the Commission thinks fit.
(5)
All sums of money received by the Commission under this section shall be paid into the Federal Consolidated Fund.
Liability of director, etc., of company, etc.