Can the law forfeit your property?


THE law will not allow you to keep stolen property or even property bought with proceeds from an unlawful activity.

In the Penal Code, there is an entire chapter listing over 40 offences against property which includes cheating, criminal breach of trust and dishonestly receiving stolen property. Likewise there are many other statutes such as the recently popular Malaysian Anti-Corruption Act and the Anti-Money laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (“Amlatpua Act”).Under Section 3 of the Amlatpua Act, the term “proceeds of an unlawful activity” is defined as “any property derived or obtained, whether directly or indirectly, by any person as a result of any unlawful activity”. The term “unlawful activity” is further defined as any activity which constitutes any serious offence or foreign serious offence, regardless of whether such activity, in whole or in part, takes place within or outside Malaysia.

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