Malaysia legislation
Section 409
of PENAL CODE
Section 409
Criminal breach of trust by public servant or agent
Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which shall not be less than two years and not more than twenty years and with whipping, and shall also be liable to fine.
Defence not available 409a. It is no defence for any offence prescribed in sections 403, 404, 405, 406, 407, 408 and 409 to show that the property was openly appropriated or that the appropriation was duly recorded and entered in the books and accounts of any company or association or body of person whether incorporated or not.
Explanation—The property of a company shall be regarded as belonging to the company notwithstanding that the directors of the said company are, either singly or jointly, entitled to the entire beneficial interest, of the shareholding in the said company.
Penal Code 213
(a)
for any offence prescribed in sections 403 and 404, that any person had misappropriated any property; or
(b)
for any offence prescribed in sections 405, 406, 407, 408
and 409, that any person entrusted with property or with dominion over property had—
(i)
misappropriated that property;
(ii)
used or disposed of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, express or implied which he had made touching the discharge of such trust; or
(iii)
suffered any person to do any of the acts described in subparagraph (i) or (ii) above, it shall be presumed that he had acted dishonestly until the contrary is proved.
(2)
The presumption under subsection (1) shall apply mutatis mutandis to the offences prescribed in sections 109 and 511 of the Code in relation to any of the offences referred to in that section.
Receiving Stolen Property
Stolen property