Malaysia legislation

Section 76

of *ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001

Section 76

Proof of conviction and acquittal

(2)

The court shall accept the conviction referred to in subsection (1)

as conclusive unless—

(a)

it is subject to review or appeal that has not yet been determined;

(b)

it has been quashed or set aside; or

(c)

the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive.

(3)

A person proved to have been convicted of an offence under this section shall be taken to have committed the act and to have possessed the state of mind, if any, which at law constitute that offence.

(4)

Any conviction or acquittal admissible under this section may be proved—

(a)

in the case of a conviction or acquittal before a court in

Malaysia, by a certificate of conviction or acquittal, signed by the Registrar of that court; or

(b)

in the case of a conviction or acquittal before a foreign court, by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of that foreign State, giving the substance and effect of the charge and of the conviction or acquittal.

Anti-Money Laundering, Anti-Terrorism 115

Financing and Proceeds of Unlawful

Activities

Indemnity

Section 76 — ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001