Search database of illicit enrichment and related legislation in 103 jurisdictions

240.8 Illicit Enrichment

(1) Any current or former public servant or elected public official who -

maintains a standard of living above that which is commensurate with his/her present or past official salary and entitlements; or
is in control of pecuniary resources or property disproportionate to his/her present or past official salary and entitlements, shall, unless he/she gives a satisfactory explanation to the court as to how he/she was able to maintain such a standard of living or how such pecuniary resources or property came under his/her control, be guilty of a felony in the second degree.

(2) Where a court is satisfied in proceedings for an offense under subsection (1)(b) that, having regard to the closeness of his/her relationship to 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 as a gift from the accused, such resources or property shall, in the absence of evidence to the contrary, be presumed to have been in the control of the accused.

(3) In this section, "entitlements" includes any pension or gratuity payable under any statutory law.

240.9. Burden of Proof.

In any proceedings against a person for an offense under this Article, the burden of proving a defense of lawful authority or reasonable excuse shall lie upon the accused.

240.10 Prohibition of employment

Where a public servant or person is convicted of an offense under any section of this Article, the court may, on the application of the prosecution or on its own motion, where it considers to be in the public interest so to do, order that the convicted person be prohibited from taking or continuing employment, whether temporary or permanent and whether paid or unpaid in any public body for a period of up to 10 years.
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Article 6.06 Sentence of Imprisonment for a Felony
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(2) A person who has been convicted of all other felonies may be sentenced to imprisonment as follows:
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in the case of a felony of the second degree, for a term the maximum of which shall not be more than ten years;