34. Possession of unexplained property

1. The Director or any officer of the Directorate authorized in writing by the director may investigate any person where there are reasonable grounds to suspect that that person:

maintains a standard of living above that which is commensurate with his present or past known sources of income or assets; or
is in control or possession of pecuniary resources or property disproportionate to his present or past known sources of income or assets.

2. A person is guilty of corruption if he fails to give a satisfactory explanation to the director or the officer conducting the investigation under Subsection 1 as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control or possession.

3. Where a court is satisfied in any proceedings for an offence under Subsection 2 that, having regard to the closeness of his relationship to the accused and to other relevant 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 or loan without adequate consideration, from the accused, such resources or property shall, until the contrary is proved, be deemed to have been under the control or in the possession of the accused.

36. Penalty

Any person who is guilty of corruption or cheating the revenue under this Part shall, upon conviction, be liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding P500 000, or to both.

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: 3 мар. 2022