Alle Vorschriften · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order
79 Calculation of benefit from criminal conduct
(1) For the purposes of this Part, the benefit from criminal conduct includes any payments or other rewards received by the accused, including the pecuniary advantage which the accused has obtained, in connection with criminal conduct carried on by him or her.
(2) In determining, whether the accused has benefited from criminal conduct and assessing the value of such benefit from the criminal conduct, the Court shall also consider the assumptions set out in subsection (4).
(3) Where the Court does not consider the assumptions set out in subsection (4), it shall state its reasons in the order for not considering the assumptions.
(4) The assumptions for calculating the benefit from criminal conduct shall be—
(a) any property appearing to the Court—
(i) to have been held by the accused;
(ii) to have been transferred to him or her, at any time since the beginning of the period of six years ending on the date of the commencement of the proceedings in which the order is being sought in the case, was received by him or her, at the earliest time at which he or she appears to the Court to have held it, or it was transferred to him or her, as a payment or reward in connection with criminal conduct;
(b) that any expenditure incurred by him or her during that period was met out of the payments received by him or her in connection with criminal conduct carried on by him; or
(c) that, for the purpose of valuing any property received or assumed to have been received by him or her at any time as a reward, he or she received the property free of cost or any other interest in it.
(5) The court may not consider any of the assumptions under subsection
(4) if—
(a) the assumption is shown to be incorrect in the case of the accused;
or
(b) it is satisfied that the assumption may result in an injustice to the accused.
(2) In determining, whether the accused has benefited from criminal conduct and assessing the value of such benefit from the criminal conduct, the Court shall also consider the assumptions set out in subsection (4).
(3) Where the Court does not consider the assumptions set out in subsection (4), it shall state its reasons in the order for not considering the assumptions.
(4) The assumptions for calculating the benefit from criminal conduct shall be—
(a) any property appearing to the Court—
(i) to have been held by the accused;
(ii) to have been transferred to him or her, at any time since the beginning of the period of six years ending on the date of the commencement of the proceedings in which the order is being sought in the case, was received by him or her, at the earliest time at which he or she appears to the Court to have held it, or it was transferred to him or her, as a payment or reward in connection with criminal conduct;
(b) that any expenditure incurred by him or her during that period was met out of the payments received by him or her in connection with criminal conduct carried on by him; or
(c) that, for the purpose of valuing any property received or assumed to have been received by him or her at any time as a reward, he or she received the property free of cost or any other interest in it.
(5) The court may not consider any of the assumptions under subsection
(4) if—
(a) the assumption is shown to be incorrect in the case of the accused;
or
(b) it is satisfied that the assumption may result in an injustice to the accused.
Amtliche Quelle: Anti-Money Laundering and Countering the Financing of Terrorism Act (Cap. 251), Act 5 of 2020, Revised Edition as at 17 January 2025 (Acts 5 of 2020, 7 of 2021, 8 of 2021, 62 of 2021, 9 of 2022, 12 of 2024, S.I. 145 of 2020)
