Section 55
Forfeiture of property upon prosecution for an offence
Subject to section 61, in any prosecution for an offence under subsection 4(1) or a terrorism financing offence, the court shall make an order for the forfeiture of any property which is proved to be—
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(a)
the subject-matter or evidence relating to the commission of such offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence, where—
(aa) the offence is proved against the accused; or
(bb) the offence is not proved against the accused but the court is satisfied that—
(i)
the accused is not the true and lawful owner of such property; and
(ii)
no other person is entitled to the property as a purchaser in good faith for valuable consideration.
(2)
Where the offence is proved against the accused but the property referred to in subsection (1) has been disposed of diminished in value, or cannot be traced, the court shall order the accused to pay as a penalty a sum which is equivalent to, in the opinion of the court, the value of the property, and any such penalty shall be recoverable as a civil debt due to the Government of Malaysia and shall not be subject to any period of limitation prescribed by any written law.
(3)
In determining whether the property is—
(a)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
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Financing and Proceeds of Unlawful
Activities
(d)
the instrumentalities of an offence, the court shall apply the standard of proof required in civil proceedings.