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发表于 5-9-2021 09:49 PM
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这个回复，只是让您看一下相关法律。
Penal Code (Act 574) 第403条文：https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Penal%20Code%20ACT%20574%20-%20TP%20LULUS%2021_2_2018.pdf
403. Whoever dishonestly misappropriates, or converts to his own
use, or causes any other person to dispose of, any property, shall be
punished with imprisonment for a term which shall not be less than
six months and not more than five years and with whipping and shall
also be liable to fine.
ILLUSTRATIONS
(a) A takes property belonging to Z out of Z’s possession, in good faith,
believing, at the time when he takes it, that the property belongs to
himself. A is not guilty of theft; but if A, after discovering his mistake,
dishonestly appropriates the property to his own use, he is guilty of an
offence under this section.
(b) A, being on friendly terms with Z, goes into Z’s house in Z’s
absence and takes away a book without Z’s express consent. Here, if A
was under the impression that he had Z’s implied consent to take the book
for the purpose of reading it, A has not committed theft. But if A
afterwards sells the book for his own benefit, he is guilty of an offence
under this section.
(c) A and B being joint owners of a horse, A takes the horse out of B’s
possession, intending to use it. Here, as A has a right to use the horse,
he does not dishonestly misappropriate it. But if A sells the horse and
appropriates the whole proceeds to his own use, he is guilty of an offence
under this section.
Explanation 1—A dishonest misappropriation for a time only is a
misappropriation within the meaning of this section.
ILLUSTRATION
A finds a Government promissory note belonging to Z, bearing a blank
endorsement. A, knowing that the note belongs to Z, pledges it with a banker as
a security for a loan, intending at a future time to restore it to Z. A has
committed an offence under this section.
Explanation 2—A person who finds property not in the possession of any
other person, and takes such property for the purpose of protecting it for, or of
restoring it to the owner, does not take or misappropriate it dishonestly, and is
not guilty of an offence; but he is guilty of the offence above defined, if he
appropriates it to his own use, when he knows or has the means of
discovering the owner, or before he has used reasonable means to discover and
give notice to the owner, and has kept the property a reasonable time to enable
the owner to claim it.
What are reasonable means, or what is a reasonable time in such a case, is
a question of fact.
It is not necessary that the finder should know who is the owner of
the property, or that any particular person is the owner of it; it is sufficient if, at
the time of appropriating it, he does not believe it to be his own property, or in
good faith believes that the real owner cannot be found.
(a) A finds a ringgit on the high road, not knowing to whom the ringgit
belongs. A picks up the ringgit. Here A has not committed the offence
defined in this section.
(b) A finds a letter on the high road, containing a bank note. From the
direction and contents of the letter he learns to whom the note
belongs. He appropriates the note. He is guilty of an offence under this
section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the
person who has lost the cheque. But the name of the person who has
drawn the cheque appears. A knows that this person can direct him to the
person in whose favour the cheque was drawn. A appropriates the cheque
without attempting to discover the owner. He is guilty of an offence under
this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the
intention of restoring it to Z, but afterwards appropriates it to his own use.
A has committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he
afterwards discovers that it belongs to Z, and appropriates it to his own
use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it
immediately without attempting to discover the owner. A is guilty of an
offence under this section.
2001年反洗黑钱、反恐怖主义融资及反非法活动收益法令第4条文：https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/ACT%20613%20diluluskan%20TPPUU%20Dis%202015.pdf
4. (1) Any person who—
(a) engages, directly or indirectly, in a transaction that
involves proceeds of an unlawful activity or
instrumentalities of an offence;
(b) acquires, receives, possesses, disguises, transfers,
converts, exchanges, carries, disposes of or uses proceeds
of an unlawful activity or instrumentalities of an offence;
(c) removes from or brings into Malaysia, proceeds of an
unlawful activity or instrumentalities of an offence; or
(d) conceals, disguises or impedes the establishment of the
true nature, origin, location, movement, disposition, title
of, rights with respect to, or ownership of, proceeds of an
unlawful activity or instrumentalities of an offence,
commits a money laundering offence and shall on conviction be
liable to imprisonment for a term not exceeding fifteen years and
shall also be liable to a fine of not less than five times the sum or
value of the proceeds of an unlawful activity or instrumentalities of
an offence at the time the offence was committed or five million
ringgit, whichever is the higher.
(2) For the purposes of subsection (1), it may be inferred from any
objective factual circumstances that—
(a) the person knows, has reason to believe or has reasonable
suspicion that the property is the proceeds of an unlawful
activity or instrumentalities of an offence; or
(b) the person without reasonable excuse fails to take
reasonable steps to ascertain whether or not the property is
the proceeds of an unlawful activity or instrumentalities of
an offence.
(3) For the purposes of any proceedings under this Act, where the
proceeds of an unlawful activity are derived from one or more
unlawful activities, such proceeds need not be proven to be from any
specific unlawful activity.
(4) A person may be convicted of an offence under subsection (1)
irrespective of whether there is a conviction in respect of a serious
offence or foreign serious offence or that a prosecution has been initiated
for the commission of a serious offence or foreign serious offence.
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发表于 5-9-2021 08:56 PM
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