
Dusuki said Section 426 of the Criminal Procedure Code gives courts the authority to order convicts to make a payment of costs for prosecution and compensation to victims or their next of kin.
“That order can be made on top of a sentence, for the purpose of compensating the aggrieved party.
“This is to ensure that, in the appropriate cases, victims obtain adequate compensation under the law to uphold justice and in view of public interest,” he said, according to Berita Harian.
Section 426 states that the court must consider the nature of the offence, the injury or expenses sustained by the victim, the damage or loss of property suffered, the loss of income incurred by the victim, and the convict’s ability to pay compensation.
Dusuki said this meant that prosecutors would need to obtain additional information to fulfil the criteria for the court to order payment of compensation.
He acknowledged that seeking compensation was not a conventional practice of deputy public prosecutors and would not be possible in all cases.
“This department remains committed to ensuring that prosecutions are conducted independently, fairly, and with integrity, and that justice is upheld and the interests of the public and victims are preserved.”