Show me the money! unexplained wealth and civil forfeiture in Malaysia

Abdul Raof, Nurazlina and Mohd. Sulaiman, Aiman @ Nariman (2023) Show me the money! unexplained wealth and civil forfeiture in Malaysia. IIUM Law Journal, 31 (2). pp. 127-154. ISSN 0128-2530 E-ISSN 2289-7852

	PDF - Published Version Restricted to Repository staff only Download (5MB) | Request a copy
Preview	PDF - Supplemental Material Download (176kB) | Preview

Abstract

Unlike criminal forfeiture, civil forfeiture allows corrupt assets recovery without the necessity of proving the corruption act.In Malaysia, a combination of criminal and civil mechanisms for recovering corrupt assets is available. Civil forfeiture removes capital for future corrupt activity, deprives a person of enrichment due to the corruption, escalates the cost of perpetrating corruption and improves the probability of detection and imprisonment. Still, there are critiques against this technique globally. Using the doctrinal approach,this study analyses the application and sufficiency of Section 41 of the Malaysian Anti-Corruption Commission Act 2009 and Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing And Proceeds of Unlawful Activities Act 2001 in recovering corrupt assets in Malaysia. The legal framework, its benefits and drawbacks are investigated. The study takes a comparative approach by looking at the practice in the United Kingdom for benchmarking and lessons to be learned. The study discovers constraints in the present civil forfeiture laws, which prevented the law enforcers from successfully meeting the burden of proof. Hence, reform suggestions for its enhancement are made via the unexplained wealth order (UWO) route. The UWO can potentially accelerate the process of recovering corrupt assets as it allows a court order requiring a person to provide details of the origin of specific assets. The assets could be recovered through the subsequent civil forfeiture proceedings. The study outcome may assist the government, policymakers and stakeholders in understanding the UWO concept in addressing corruption offences in Malaysia.

Item Type:	Article (Journal)
Uncontrolled Keywords:	: Civil Forfeiture, Corruption, Asset Recovery, Civil Recovery Order, Unexplained Wealth Order
Subjects:	K Law > K Law (General) K Law > K559 Comparative Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof Aiman Nariman Mohd-Sulaiman
Date Deposited:	14 Jul 2025 09:17
Last Modified:	14 Jul 2025 14:35
URI:	http://irep.iium.edu.my/id/eprint/122022

Actions (login required)

View Item