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Questions and Answers
What is the main purpose of Section 17A of the MACC Act 2009?
What is the main purpose of Section 17A of the MACC Act 2009?
When is a person considered responsible for a crime under Section 17A?
When is a person considered responsible for a crime under Section 17A?
What is the penalty for a commercial organization convicted under Section 17A(2)?
What is the penalty for a commercial organization convicted under Section 17A(2)?
What is the definition of bribery according to the text?
What is the definition of bribery according to the text?
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How can commercial organizations defend themselves against conviction under Section 17A?
How can commercial organizations defend themselves against conviction under Section 17A?
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What does Section 17A of the MACC Act 2009 establish?
What does Section 17A of the MACC Act 2009 establish?
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What is the penalty for a commercial organization convicted under Section 17A(2)?
What is the penalty for a commercial organization convicted under Section 17A(2)?
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How can organizations defend themselves against conviction under Section 17A?
How can organizations defend themselves against conviction under Section 17A?
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When is a person considered responsible for a crime under Section 17A?
When is a person considered responsible for a crime under Section 17A?
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What is the definition of bribery according to the text?
What is the definition of bribery according to the text?
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Study Notes
Section 17A of the MACC Act 2009
- Establishes the corporate liability provision, making commercial organizations responsible for corruption offenses committed by their employees or associates.
Corporate Liability and Responsibility
- A person is considered responsible for a crime under Section 17A if they are an employee, director, officer, partner, or an agent acting on behalf of a commercial organization.
- Corporate organizations are held liable for corruption offenses committed by their employees or associates, regardless of whether they had knowledge or consented to the act.
Penalties for Conviction
- Commercial organizations convicted under Section 17A(2) face a fine of not less than ten times the value of the bribe, and not more than ten times the value of the commercial organization's gross profit for the previous 12 months.
Definition of Bribery
- Bribery is the act of giving, offering, receiving, or soliciting something of value to influence the action of a public official or,private agent in the course of their duties.
Defense Against Conviction
- Commercial organizations can defend themselves against conviction under Section 17A by demonstrating that they have adequate procedures in place to prevent corruption offenses.
- The defense must show that the organization had in place adequate procedures to prevent the corruption offense, and that the offense was committed without their knowledge or consent.
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Description
Test your knowledge of Section 17A of the Malaysia Anti-Corruption Commission (MACC) Act 2009, which establishes corporate liability for bribery. Learn about what constitutes bribery, the intention behind it, and the importance of understanding corrupt acts even if a bribe does not succeed.
