Laws of Malaysia: Act 574
Penal Code Section 38
Several persons engaged in the commission of a criminal act, may be guilty of different offences
38. Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
ILLUSTRATION
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
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Please refer to the Attorney General's Chamber of Malaysia's website for the latest law.
Please refer to the Attorney General's Chamber of Malaysia's website for the latest law.