58. What sanctions are provided for political finance infractions?

Malaysia

Malaysia

Answer
  • Fines
  • Prison
  • Forfeiture
  • Deregistration of party
  • Loss of nomination of candidate
  • Loss of elected office
Comment

11. (2) Every person who is convicted of a corrupt practice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction become incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of such conviction: Provided that such disability shall cease on the expiry of five years from such conviction.
Source: Section 11 (2), Election Offences Act, 2006

13. (1) Subject to subsection (2), the Registrar may, in the following cases, cancel the registration of any society registered under section 7—
(a) upon its dissolution by the society to be verified in such manner as the Registrar may require or upon dissolution by the Registrar in accordance with this Act;
(b) on the order made by the Minister under section 5;
(c) if the Registrar is satisfied—
(i) that the registration was effected as the result of a fraud or a mistake or misrepresentation in any material particular;
(ii) that the society is likely to be used for unlawful purposes or for purposes prejudicial to or incompatible with peace, welfare, good order or morality in Malaysia;
(iii) that the society is pursuing objects other than the objects with which the society is registered;
(iv) that the society has wilfully contravened any provision of this Act or of any regulation made thereunder or of any of its rules or that any members of the society have habitually contravened the provision of subsection 4(1) of the Sedition Act 1948 [Act 15] by any acts or utterances to which paragraph 3(1)(f) of that Act applies;
(v) that the society has ceased to exist;
(vi) that the society has failed to comply with an order made by him under section 13A;
(vii) that the society has failed to comply with the provisions of section 2A;
(viii) that the society has contravened the provisions of section 52; or
(ix) that the society has failed to comply with the notice served by him under subsection 16(1); and
(d) upon the society becoming unlawful under subsection
14(7) for failure to furnish written information.
Source: Section 13 (1), Societies Act, 2006

11. (1) Every person who—
(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;
(b) commits the offence of treating, undue influence or bribery;
(c) prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of its printer and publisher;
(d) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of such candidate;
(e) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at such election; or
(f) being a candidate or election agent knowingly makes the declaration as to election expenses required by section 23 falsely, shall be guilty of a corrupt practice, and shall, on conviction by a Sessions Court, be liable, in the case referred to in paragraphs (a) and (b), to imprisonment for a term not exceeding two years and to a fine of not less than one thousand ringgit and not more than five thousand ringgit, and, in any other case, to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand ringgit. Offences under paragraphs (a) and (b) shall be seizable offences within the meaning of the Criminal Procedure Code.
Source: Section 11 (1), Election Offences Act, 2006

16. Any person who is found guilty of an offence under section 10, 11, 13, 14 or 15 shall on conviction be liable to—(a) imprisonment for a term of not less than fourteen days and not more than twenty years; and (b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher.
Source: Section 16, Anti-Corruption Act, 2006

36. (1) In any prosecution for an offence under this Act, the court shall make an order for the forfeiture of any property which is proved to be the subject matter of the offence or to have been used in the commission of the offence where—

Source: Section 36 (1), Anti-Corruption Act, 2006

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