Section 41
Forfeiture of property where there is no prosecution for an offence
of Malaysian Anti-Corruption Commission Act 2009
Where in respect of any property seized under this Act there is no prosecution or conviction for an offence under this
Act, the Public Prosecutor may, before the expiration of eighteen months from the date of the seizure, apply to a Sessions Court
Judge for an order of forfeiture of that property if he is satisfied that such property had been obtained as a result of or in connection with an offence under this Act.
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Act 694
(2)
The Judge to whom an application is made under subsection (1) shall cause to be published a notice in the Gazette calling upon any person who claims to have an interest in the property to attend before the Court on a date specified in the notice, to show cause as to why the property should not be forfeited.
(3)
Where the Judge to whom an application is made under subsection (1) is satisfied—
(a)
that the property is the subject matter of or was used in the commission of an offence under this Act; and
(b)
there is no purchase in good faith for valuable consideration in respect of the property, he shall make an order for the forfeiture of the property.
(4)
Property in respect of which no application is made under subsection (1) shall, at the expiration of eighteen months from the date of its seizure, be released to the person from whom it was seized.
Admissibility of documentary evidence 41a.
Where any document or a copy of any document is obtained by the Commission under this Act, such document shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any other written law.