162
Laws of Malaysia
Act 593
(2) Whenever an application is made to a Ruler for the
suspension or remission of a sentence the Ruler may require the
convicting Judge or Magistrate to state his opinion as to whether
the application should be granted or refused and the Judge or
Magistrate shall state his opinion accordingly.
(3) If any condition on which a sentence has been suspended or
remitted is, in the opinion of the Ruler by whom it was granted,
not fulfilled, the Ruler may cancel the suspension or remission;
whereupon the person in whose favour the sentence has been
suspended or remitted may, if at large, be arrested by any police
officer without warrant and remanded by a Magistrate to undergo
the unexpired portion of the sentence.
(4) Nothing herein contained shall be deemed to interfere with
the right of the Ruler of any State to grant pardons, reprieves,
respites or remissions of punishment.
Power to commute punishment
301. The Ruler of the State, acting in accordance with Article
42 of the Constitution, in which the offence was committed may,
without the consent of the person sentenced, commute any one
of the following sentences for any other mentioned after it:
(a)
death;
(b)
imprisonment;
(c)
fine.
Chapter XXIX
PREVIOUS ACQUITTALS OR CONVICTIONS
Person once convicted or acquitted not to be tried again for
same offence
302. (1) A person who has been tried by a Court of competent
jurisdiction for an offence and convicted or acquitted of that
offence shall, while the conviction or acquittal remains in force,
not be liable to be tried again for the same offence nor on the
same facts for any other offence for which a different charge
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