Malaysian Anti Corruption Commission Act 2009 is a specific Act and the provision of law under the Act differs from the Criminal Procedure Code in some sections. Criminal Procedure Code is a Code of general application and when there is a special law, special law is applicable. Generalia Specialibus Non Derogant means the provisions of a general statute must yield to those of a special one. Also known as the rule of implied exception. Is it important to get a lawyer specializing in SPRM cases?
MACC cases differ from other general crimes. Thorough preparation by lawyer specializing in SPRM cases is vital in securing the acquittal for the accused. Presumption is so easy to be proven hence increasing the burden of proof for the accused making it harder for the accused to prove his innocence.
There are 4 main offences under the 2009 Act which is section 16, section 17, section 18 and section 23. These offences are discussed under the offence page in the menu. You can also search MACC website to look for any updates.
We also offer an eBook for better understanding of the Anti Corruption law in Malaysia. This eBook is currently in Malay Language and English version will be available soon. It contains comprehensive and easy to understand materials with case laws. It covers everything about Anti Corruption Laws in Malaysia from offences, burden of proof, presumption, cautioned statement, draft charges, case law by issues, rights of the accused, powers of the MACC officer, prescribed offences and many more. This eBook will be updated from time to time and Purchasers will get free updates whenever there is one. It is hoped that this book will be of beneficial use to all, be it the arrested parties or the MACC Officers.