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25. Liability for Corrupt Acquisitions

(1) Unless the contrary is proved, a public officer shall be liable for the offence of having or having had under his or her control or possession pecuniary resources or property suspected of having been corruptly acquired if he or she-

maintains a standard of living not commensurate with his or her present or past official emoluments or other income;
is in control or possession of pecuniary resources or property disproportionate to his or her present or past official emoluments; or
is in receipt of the benefit of any service which he or she is reasonably suspected of having received corruptly or in circumstances which amount to an offence under this Act.

(2) Where a court is satisfied in proceedings for an offence under subsection (1) that, having regard to the closeness of the accused public officer’s relationship to the other person who provides the benefit or service to the accused public officer and to other relevant circumstances, there is reason to believe that the other person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused public officer, or acquired such pecuniary resources or property as a gift, or loan without adequate consideration, from the other person, such pecuniary resource or property shall, unless the contrary is proved be deemed to have been under the control or in the possession of the accused public officer.

44. Penalty

(1) A person who is convicted of an offence under this Part, for which no penalty is provided, is liable –

on first conviction, to a fine not exceeding SCR300,000 or to imprisonment for a term not exceeding 7 years or to both such fine and imprisonment;
on a second or subsequent conviction, to a fine not exceeding SCR500,000 or to imprisonment for a term of not less than 10 years or to both such fine and imprisonment; and
in addition to any other penalty imposed under this Act, to forfeiture to the Republic of any pecuniary resource, property, advantage, profit or gratification received in the commission of an offence under this Act.

(2) Where a person is convicted of an offence under this Part, the court may, in addition to the sentence that it may impose under subsection (1), order the convicted person to pay to the rightful owner where he is not implicated in giving the gratification, the amount or value, as determined by the court, of any gratification actually received by that person, and such order shall be deemed to form part of the sentence.

(3) Where, after reasonable inquiry, the rightful owner cannot be ascertained or traced, or where the rightful owner is implicated, in the giving of the gratification, the court shall order that the amount or value thereof be paid into the Consolidated Fund.


Type: Criminal Illicit Enrichment Laws

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