Antigua and Barbuda

7. Possession of unexplained property

 (1) A person who, being or having been a public official: maintains a standard of living above that which is commensurate with his present or past official emoluments; or is in control of pecuniary resources or property disproportionate to his present or past official emoluments, unless he gives a satisfactory explanation to the court as to how he was able to maintain such standard of living or how such pecuniary resources or property came under his control, commits an offence.

(2) Where a court is satisfied in proceedings for an offence under Subsection 1(b) that having regard to the closeness of his relationship with the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property the resources or property shall, until the contrary is proved, be presumed to have been in the control of the accused.

 (3) For the purpose of this section “official emoluments” include a pension or gratuity payable under the Pensions Act.

8. Penalty for offences

(1) A person who commits an offence under sections 3, 4, 5, 6, or 7 is liable upon conviction on indictment to a fine not exceeding EC$100,000 and to imprisonment for a term not exceeding five years or, in addition to the penalty specified above, the court may do any or all of the following – order the person convicted to pay the public body, and in such manner as the court directs, the amount or value of any property, benefit, or advantage received by him; forfeit his right to claim any non-contributory gratuity or pension to which he would otherwise have been entitled; declare any right under any non-contributory pension scheme to which he is entitled to be forfeited; declare him to be disqualified from holding any public office for a period not exceeding seven years from the date of conviction for the offence. ...

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: 3 бер. 2022