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Jamaica


14. Acts of Corruption

(5) Where a public servant –

owns assets disproportionate to his lawful earnings; and
upon being requested by the Commission or any person duly authorized to investigate an allegation of corruption against him, to provide an explanation as to how he came by such assets, he –
fails to do so; or
gives an explanation which is not considered to be satisfactory,

he shall be liable to prosecution for the offence of illicit enrichment and, on conviction thereof, to the penalties specified in Section 15(1).

(5A) It shall be a defense to a person charged with an offence of illicit enrichment to show the court that he came by the assets by lawful means.

15. Offences

(1) Any person who commits an act of corruption commits an offence as is liable –

on summary conviction in a Resident Magistrate’s Court –
in the case of a first offence, to a fine not exceeding one million [Jamaica Dollars] or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment; and
in the case of a second or subsequent offence, to a fine not exceeding three million [Jamaica Dollars] or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

On conviction in a Circuit Court –
in the case of a first offence to a fine not exceeding five million [Jamaica Dollars] or to imprisonment for a term not exceeding five years or to both such fine and imprisonment; and
(ii) in the case of a second or subsequent offence, to a fine not exceeding ten million [Jamaica Dollars] or to imprisonment for a term not exceeding 10 years or to both such fine and imprisonment.


Type: Criminal Illicit Enrichment Laws

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