108
Laws of Malaysia
Act 593
(2) Persons accused of an offence which includes theft, extortion,
criminal breach of trust, cheating or criminal misappropriation,
and persons accused of receiving or retaining, or assisting in
the disposal or concealment of, property possession of which is
alleged to have been transferred by any such offence committed
by the first named persons, or of abetment of or attempting to
commit any such last-named offence, may be charged and tried
together.
Withdrawal of remaining charges on conviction on one of
several charges
171. (1) When more charges than one are made against the same
person and when a conviction has been had on one or more of
them, the officer conducting the prosecution may, with the consent
of the Court, withdraw the remaining charge or charges, or the
Court of its own accord may stay the inquiry into or trial of the
charge or charges.
(2) Such withdrawal or stay shall have the effect of an acquittal
on such charge or charges, unless the conviction is set aside,
in which case the said Court (subject to the order of the Court
setting aside the conviction) may proceed with the inquiry into
or trial of the charge or charges so withdrawn or not proceeded
with.
Outstanding offences
171a. (1) Where in any criminal proceedings instituted by or on
behalf of the Public Prosecutor the accused is found guilty of an
offence, the Court, in determining and in passing sentence, may,
with the consent of the prosecutor and the accused, take into
consideration any other outstanding offence or offences which
the accused admits to have committed:
Provided that, if any criminal proceedings are pending in
respect of any such outstanding offence or offences and those
proceedings were not instituted by or on behalf of the Public
Prosecutor, the Court shall first be satisfied that the person or
authority by whom those proceedings were instituted consents to
that course.
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