Main Offences Under Malaysian Anti Corruption Commission Act 2009
The Malaysian Anti-Corruption Commission (MACC) Act 2009 is a legislation aimed at combating corruption in Malaysia. The Act outlines various offences related to corruption and provides for the investigation and prosecution of such offences. Some of the key offences under the MACC Act 2009 include:
1. Giving or accepting gratification:
Section 16 of the MACC Act prohibits the giving or accepting of gratification as an inducement or reward for performing or refraining from performing any act in relation to one's official duties. This offence covers various forms of gratification, including money, gifts, loans, services, or any other advantage.
2. Corruption involving public officials:
Section 17 of the Act specifically addresses corrupt practices by public officials, including abuse of power, soliciting or accepting bribes, and using one's position for personal gain. Public officials are held to a higher standard of integrity and are expected to act in the public interest.
3. False Claim
Section 18 of the Act address the offence of false claim if he gives an agent or as an agent he uses with the intention of deceiving his principal, any receipt, account, or other document relating to the principal's interests, and which he has reason to believe contains any false or incorrect or incomplete statement about any material fact, and which is intended to deceive his principal.
4. Misuse of power and position
Section 23 of the Malaysian Anti-Corruption Commission Act 2009 addresses the misuse of power and position. It likely outlines provisions related to the misuse of power and position by individuals in authority, and the penalties or consequences for such actions.
5. Bribery in the private sector:
Section 21 of the Act extends the prohibition on bribery to the private sector, making it an offence for individuals or businesses to offer, promise, or give any gratification to another person to obtain or retain business or an advantage in the conduct of business.
6. Money laundering:
Section 36 of the Act criminalizes money laundering activities related to corruption offences. Money laundering involves the process of concealing the origins of illicit funds obtained through corrupt practices by transferring or converting them into legitimate assets.
7. Obstruction of justice:
Section 48 of the Act makes it an offence to obstruct or interfere with MACC investigations, including providing false information, destroying evidence, or intimidating witnesses. Obstruction of justice undermines the effectiveness of anti-corruption efforts and can result in separate criminal charges.
The MACC Act 2009 empowers the Malaysian Anti-Corruption Commission to investigate and prosecute individuals involved in corrupt activities, regardless of their status or position. The Act also provides for severe penalties, including imprisonment and fines, for those found guilty of corruption offences. By enforcing the provisions of the Act, Malaysia aims to promote transparency, accountability, and good governance in both the public and private sectors.