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42. Possession of unaccounted property or pecuniary resource

(1) Where a person who is or was a person in public life, or any other person on his behalf, is found to be in possession of property or pecuniary resource disproportionate to the known sources of income of the first mentioned person, and that person fails to produce satisfactory evidence to prove that the possession of the property or pecuniary resource was acquired by lawful means, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine and to imprisonment for a term of not less than six months nor more than three years.

(2) In imposing a fine under subsection (1) on a person found guilty of an offence under that subsection, the court shall have regard to the value of the property or pecuniary resource in the possession of that person, which cannot be accounted for by his known sources of income or other lawful means of acquisition of the property or pecuniary resource and such fine shall be equivalent to one and one half times the value of the aforesaid property or pecuniary resource found to be in the possession of the said person.

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 1:00 PM