Criminal Procedure Code · s 375

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375.
Conduct of prosecutions
(1) Every criminal prosecution and every inquiry shall be conducted -
(a) by the Public Prosecutor or a Deputy Public Prosecutor, or by some person expressly authorised in writing by the Public
Prosecutor or His Majesty the Sultan and Yang Di-Pertuan;
(b) by a police officer; or
(c) by an officer of a Government department or of any public utility company in matters which concern his department or company.
(2) In cases where no such officer is available, the prosecution shall be conducted as the Public Prosecutor or the Court shall direct.
(3) In non-seizable cases, any private person may appear in person to prosecute for an offence against his own person or property.
(4) In any case in which a private person is appearing in person under subsection (3), the Public Prosecutor may at any stage of the proceedings by notice in writing or by oral intimation to the Court, given by a person or officer authorised to conduct the case under the provisions of subsection (1) or (2), intervene and assume the conduct of such proceedings;
and as fiom the date of any such intervention, is deemed to be a party to the proceedings in lieu of such private person.
(5) The provisions of subsection (4) apply to any appeal in a criminal prosecution to which the Public Prosecutor is not a party and, subject to the provisions of section 299, apply to proceedings by way of revision under Chapter XXIX.
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(6) In any case not falling within subsection (3), the proceedings shall be deemed to be conducted by the Public Prosecutor and he shall for all purposes be deemed to be party thereto.

196

Criminal Procedure Code

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s 375Conduct of prosecutions

(1)

Every criminal prosecution and every inquiry shall be conducted -

(a)

by the Public Prosecutor or a Deputy Public Prosecutor, or by some person expressly authorised in writing by the Public

Prosecutor or His Majesty the Sultan and Yang Di-Pertuan;

(b)

by a police officer; or

(c)

by an officer of a Government department or of any public utility company in matters which concern his department or company.

(2)

In cases where no such officer is available, the prosecution shall be conducted as the Public Prosecutor or the Court shall direct.

(3)

In non-seizable cases, any private person may appear in person to prosecute for an offence against his own person or property.

(4)

In any case in which a private person is appearing in person under subsection (3), the Public Prosecutor may at any stage of the proceedings by notice in writing or by oral intimation to the Court, given by a person or officer authorised to conduct the case under the provisions of subsection (1) or (2), intervene and assume the conduct of such proceedings;

and as fiom the date of any such intervention, is deemed to be a party to the proceedings in lieu of such private person.

(5)

The provisions of subsection (4) apply to any appeal in a criminal prosecution to which the Public Prosecutor is not a party and, subject to the provisions of section 299, apply to proceedings by way of revision under Chapter XXIX.

•

(6)

In any case not falling within subsection (3), the proceedings shall be deemed to be conducted by the Public Prosecutor and he shall for all purposes be deemed to be party thereto.

196

Criminal Procedure Code