Saint Lucia

30. Possession of unaccounted property or pecuniary resource

(1) Where upon examination of a complaint made under section 32, or otherwise, the Commission, in the course of an investigation under section 35 is of the view that a person in public life, or any other person on his or her behalf is in possession of property or pecuniary resource disproportionate to his or her legitimate sources of income, the Commission shall conduct a separate inquiry to determine whether such person has committed a breach of the provisions of this Act in connection with that property or pecuniary resource.

(2) On the conclusion of any inquiry under subsection (1), the Commission shall submit a report to the Director of Public Prosecutions and the Governor General.

(3) Where the Director of Public Prosecutions is satisfied, on the examination of the report referred to in subsection (2) and other relevant evidence, that any person in public life ought to be prosecuted for an offence under section 31, the Director of Public Prosecutions shall institute and undertake criminal proceedings against the person in public life.

(4) Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection (2), the Director of Public Prosecutions shall inform the Commission and the Governor General, in writing, about the action taken in pursuance of the report.

(5) In imposing a fine on a person found guilty of an offence under this section, 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 taking into account his or her legitimate sources of income.

31. Act of corruption

(1) A person in public life who commits any of the acts specified in Schedule 2 commits an act of corruption.

(2) Any person in public life who commits an act of corruption commits an offence and is liable—

on summary conviction—
in the case of a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years, or to both such fine and imprisonment, and in the case of a second or subsequent offence, to a fine not exceeding$300,000 or to imprisonment for a term not exceeding 7 years or to both such fine and imprisonment;

on conviction on indictment—
in the case of a first offence, to a fine not exceeding \$500,000 or to imprisonment for a term not exceeding 10 years or to both such fine and imprisonment, and
in the case of a second or subsequent offence to a fine not exceeding one million dollars or to imprisonment for a term not exceeding 15 years or to both such fine and imprisonment.

(3) For purposes of this section and sections 32, 33, 34, 35 and 36, person in public life includes—

the chairperson, managing director, chief executive officer of a body whether public or private, performing a public function; and
any person performing a public function.

32. Complaint to Commission

(1) Any person who has reasonable grounds to believe that a person in public life—

is in breach of a provision of this Act;
has committed an act of corruption,

may make a complaint in writing to the Commission.

(2) The complaint shall state—

the particulars of the breach or act of corruption;
the particulars, as far as they are known, of the person against whom the complaint is made;
the nature of the evidence that the complainant proposes to produce in respect of the complaint; and
such other particulars as may be prescribed in regulations made by the Minister.

(3) A complaint to the Commission under this section may be presented in person, or
may be sent by registered post to the Chairperson of the Integrity Commission.

35. Investigation of breach of Act

(1) Where upon examination of a complaint made under section 32, or otherwise, the Commission is of the view that an investigation is necessary to ascertain whether any person in the public life has committed a breach of any provision of this Act, it shall inquire into the matter.

(2) The sittings of the Commission to take evidence or hear arguments in the course of any inquiry under subsection (1) shall be held in private.

(3) The complainant and the person in public life against whom any inquiry is held under this section are entitled to notice of the proceedings of the inquiry and to be represented in the inquiry either personally or by an attorney-at-law.

Schedule 2 Acts of Corruption

A person in public life commits an act of corruption if —

(1) (l) he or she or any other person, on his or her behalf, acquires property or pecuniary resource disproportionate to his or her legitimate sources of income;

Type: Criminal Illicit Enrichment Laws

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