ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

PART VII - GENERAL



Section 198. Order for payment of cost of prosecution and compensation.

(1) The court before which a person is convicted of any offence may, in its discretion, make either or both of the following orders against him, namely-

(a) an order for the payment by him of the costs of his prosecution or such part thereof as the court directs;

(b) an order for the payment by him of a sum to be fixed on the court by way of compensation to any person, or to the representatives of any person, injured in respect of his person, character or property by the crime or offence for which the sentence is passed.

(2) The court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and the provisions of section 199 shall be applicable to any order made under this section.

(3) The court may direct that an order for payment of costs or an order for payment of compensation, shall have priority, and, if no direction be given an order for payment of costs shall have priority over an order for payment of compensation.

(4) To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the crime or offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.

(5) Every order made under this section by a Kadi shall be appealable to the Mahkamah Rayuan.




Copyright © PNMB-LawNet. All rights reserved.