In forceUpdated to 20 May 2022Read it in Bahasa Malaysia

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Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part V · Investigation, Search, Seizure and Arrest

40. Forfeiture of property upon prosecution for an offence

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(1)

In any prosecution for an offence under this Act, the court shall make an order for the forfeiture of any property which is proved to be the subject matter of the offence or to have been used in the commission of the offence where—

(a)

the offence is proved against the accused; or

(b)

the offence is not proved against the accused but the court is satisfied—

(i)

that the accused is not the true and lawful owner of such property; and

(ii)

that 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, or cannot be traced, the court shall order the accused to pay as a penalty a sum which is equivalent to the amount of the gratification or is, in the opinion of the court, the value of the gratification received by the accused, and any such penalty shall be recoverable as a fine.

Terms defined in s 3

Commission
Defined · s 3
“Commission” means the Malaysian Anti-Corruption Commission;
Open s 3
court
Defined · s 3
“court” means— (a) a High Court or a Judge of a High Court; or (b) a Sessions Court or a Magistrate’s Court or a Sessions Court Judge or a Magistrate, as the case may be;
Open s 3
gratification
Defined · s 3
“gratification” means— (a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage; (b) any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);
Open s 3
offence under this Act
Defined · s 3
“offence under this Act” includes a prescribed offence;
Open s 3
property
Defined · s 3
“property” means real or personal property of every description, including money, whether situated in Malaysia or elsewhere, whether tangible or intangible, and includes an interest in any such real or personal property;
Open s 3
purchaser in good faith for valuable consideration
Defined · s 3
“purchaser in good faith for valuable consideration” means any transferee, assignee, chargee, mortgagee, pledgee, holder of a lien, or lessee, of any property where the transfer, assignment, charge, mortgage, pledge, lien, or lease was obtained by him for adequate consideration in money or money’s worth, without notice that the property was obtained in consequence of the commission of any offence under this Act;
Open s 3

Report

Read on from s 41

Part VI

Evidence

Read on from Part VI

Part VII

Prosecution and Trial of Offences

Read on from Part VII

Part VIII

General

Read on from Part VIII

Part IX

Repeal and Saving

Read on from Part IX