Prosecution of offences
s 58
A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Public Prosecutor.
Malaysian Anti-Corruption Commission Act 2009 Part VII — Prosecution and trial of offences
Jurisdiction of the Sessions Court
s 59
Notwithstanding the provisions of the Subordinate Courts Act 1948 [Act 92], a prosecution for an offence under this Act shall be commenced in the Sessions Court.
Trial by High Court on a certificate by the Public Prosecutor
s 60
(1) Notwithstanding the provision of section 417 of the Criminal Procedure Code and subject to subsection (5), the Public Prosecutor may in any particular case triable in the Sessions Court for an offence under this Act, issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High Court. (2) The power of the Public Prosecutor under subsection (1) shall be exercised by him personally. (3) The certificate of the Public Prosecutor issued under subsection (1) shall be tendered to the Sessions Court whereupon the Sessions Court shall transfer the case to the High Court specified in the certificate and cause the accused person to appear or be brought before such Court as soon as may be practicable. (4) When the accused person appears or is brought before the High Court in accordance with subsection (3), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX of the Criminal Procedure Code. (5) This section shall apply to all cases before the Sessions Court to try offences under this Act, whether the proceedings are instituted before or after the coming into operation of this Act, provided that the accused person has not pleaded guilty and no evidence in respect of the case against him has begun to be adduced.
Joinder of offences
s 61
Notwithstanding anything contained in section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act he may be charged with and tried at one trial for any number of such offences committed within the space of any length of time.
Defence statement
s 62
Once delivery of documents by the prosecution pursuant to section 51A of the Criminal Procedure Code has taken place, the accused shall, before commencement of the trial, deliver the following documents to the prosecution: (a) a defence statement setting out in general terms the nature of the defence and the matters on which the accused takes issue with the prosecution, with reasons; and (b) a copy of any document which would be tendered as part of the evidence for the defence.
Examination of offenders
s 63
(1) Whenever two or more persons are charged with an offence under this Act the court may, on an application in writing by the Public Prosecutor, require one or more of them to give evidence as a witness or witnesses for the prosecution. (2) Any person referred to in subsection (1) who refuses to be sworn or to be affirmed to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by the court. (3) Every person required to give evidence under subsection (1) who, in the opinion of the court, makes a true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the seal of the court stating that he has made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things. (4) An application by the Public Prosecutor under subsection (1) may be presented to the court by the officer conducting the prosecution.
Back to Malaysian Anti-Corruption Commission Act 2009 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 June 2020 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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