Malaysia legislation

Section 136

of *TRADEMARKS ACT 2019

Section 136

Compounding of offences

(a)

any offence under this Act and any regulations made under this Act that may be compounded;

(b)

the criteria for compounding such offence; and

(c)

the method and procedure for compounding such offence.

(2)

The Controller may, with the consent in writing of the Public

Prosecutor, at any time before a charge 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 Controller 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)

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, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Controller may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

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(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

Controller may forfeit or return any goods, documents, material, articles or things seized in connection with the offence, subject to such terms as the Controller thinks fit.

(5)

All sums of money received by the Controller under this section shall be paid into and form part of the Federal Consolidated

Fund.

Principal liable for acts of servant or agent