The Law on Presumption in Corruption Cases in Malaysia
From a legal perspective, bribery and corruption cases can be unduly complicated and difficult to prove because there is no real victim. The briber and recipient of gratification somehow gain benefit from their corrupt transaction with each other. In many corruption cases, more often than not the pr...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Philippine Association of Institutions for Research
2015
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| Subjects: | |
| Online Access: | https://repo.uum.edu.my/id/eprint/31111/1/IJGCR%2002%202015%2001-10.pdf http://dx.doi.org/10.7719/ijgc.v2i1.298 |
| _version_ | 1811674065932386304 |
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| author | Abdul Rahman, Rohana Yeon, Asmah Laili Hj. Ahmad Shariff, Nurretina Ayub, Zainal Amin |
| author_facet | Abdul Rahman, Rohana Yeon, Asmah Laili Hj. Ahmad Shariff, Nurretina Ayub, Zainal Amin |
| author_sort | Abdul Rahman, Rohana |
| collection | UUM |
| description | From a legal perspective, bribery and corruption cases can be unduly complicated and difficult to prove because there is no real victim. The briber and recipient of gratification somehow gain benefit from their corrupt transaction with each other. In many corruption cases, more often than not the prosecution faces hostile or uncooperative witnesses who refuse to assist the prosecution in such cases. To reduce the complexity of proving that any advantage was given corruptly, the law on presumption of corruption has been incorporated in the old Prevention of Corruption Act 1961, and later in Anti-Corruption Act 1997 and currently the Malaysian Anti Corruption Commission Act 2009. There has been mixed reaction from the prosecution and defense lawyers in respect of the law on a presumption of corruption in bribery and corruption cases. This paper seeks to highlight the application of a presumption of corruption in certain circumstances as provided in the statute, the right to defend on balance of probability and whether such presumption is contrary to human rights. The paper argues once statutory presumption of corruption is invoked, it can be challenging to rebut and the burden of proof must remain on the prosecution to prove their case beyond reasonable doubt. The paper stresses that presumption of corruption is rebuttable if the accused is able to discharge his burden of proving on a balance of probabilities that his receipt of the same was not a gratification |
| first_indexed | 2024-10-01T01:43:46Z |
| format | Article |
| id | uum-31111 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-10-01T01:43:46Z |
| publishDate | 2015 |
| publisher | Philippine Association of Institutions for Research |
| record_format | eprints |
| spelling | uum-311112024-07-22T11:34:38Z https://repo.uum.edu.my/id/eprint/31111/ The Law on Presumption in Corruption Cases in Malaysia Abdul Rahman, Rohana Yeon, Asmah Laili Hj. Ahmad Shariff, Nurretina Ayub, Zainal Amin K Law (General) From a legal perspective, bribery and corruption cases can be unduly complicated and difficult to prove because there is no real victim. The briber and recipient of gratification somehow gain benefit from their corrupt transaction with each other. In many corruption cases, more often than not the prosecution faces hostile or uncooperative witnesses who refuse to assist the prosecution in such cases. To reduce the complexity of proving that any advantage was given corruptly, the law on presumption of corruption has been incorporated in the old Prevention of Corruption Act 1961, and later in Anti-Corruption Act 1997 and currently the Malaysian Anti Corruption Commission Act 2009. There has been mixed reaction from the prosecution and defense lawyers in respect of the law on a presumption of corruption in bribery and corruption cases. This paper seeks to highlight the application of a presumption of corruption in certain circumstances as provided in the statute, the right to defend on balance of probability and whether such presumption is contrary to human rights. The paper argues once statutory presumption of corruption is invoked, it can be challenging to rebut and the burden of proof must remain on the prosecution to prove their case beyond reasonable doubt. The paper stresses that presumption of corruption is rebuttable if the accused is able to discharge his burden of proving on a balance of probabilities that his receipt of the same was not a gratification Philippine Association of Institutions for Research 2015 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/31111/1/IJGCR%2002%202015%2001-10.pdf Abdul Rahman, Rohana and Yeon, Asmah Laili and Hj. Ahmad Shariff, Nurretina and Ayub, Zainal Amin (2015) The Law on Presumption in Corruption Cases in Malaysia. International Journal on Graft and Corruption Research, 2. pp. 1-10. ISSN 2362-7476 https://philair.ph/index.php/ijgc/about#AbstractIndexing http://dx.doi.org/10.7719/ijgc.v2i1.298 http://dx.doi.org/10.7719/ijgc.v2i1.298 |
| spellingShingle | K Law (General) Abdul Rahman, Rohana Yeon, Asmah Laili Hj. Ahmad Shariff, Nurretina Ayub, Zainal Amin The Law on Presumption in Corruption Cases in Malaysia |
| title | The Law on Presumption in Corruption Cases in Malaysia |
| title_full | The Law on Presumption in Corruption Cases in Malaysia |
| title_fullStr | The Law on Presumption in Corruption Cases in Malaysia |
| title_full_unstemmed | The Law on Presumption in Corruption Cases in Malaysia |
| title_short | The Law on Presumption in Corruption Cases in Malaysia |
| title_sort | law on presumption in corruption cases in malaysia |
| topic | K Law (General) |
| url | https://repo.uum.edu.my/id/eprint/31111/1/IJGCR%2002%202015%2001-10.pdf http://dx.doi.org/10.7719/ijgc.v2i1.298 |
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