ACC supports to strengthen prosecution of unjust wealth

The Anti-Corruption Commission (ACC) said on Monday that the government’s proposed amendment to the Penal Code, aimed at facilitating the prosecution of unjust enrichment by public officials, will be effective by allowing the state to confiscate related assets.

In October, President Mohamed Muizzu announced plans to amend the law to address corruption and unjust enrichment by senior public officials and eliminate legal barriers to prosecution. The bill, introduced by PNC MP Hussain Riza Adam on behalf of the government, is currently under review by the Judiciary Committee of Parliament.

During a committee meeting with relevant authorities today, ACC Assistant Counsel General Sabiyya Siraj noted that the existing law already criminalises unjust enrichment by public officials.

“The main concern with criminalising this offence is that while penalties exist, the objective will be achieved if the law is structured to allow confiscation of assets linked to the crime,” Sabiyya said.

She added that Section 192 of the Criminal Procedure Code currently classifies unjust enrichment as an offence but limits enforcement to the penalties prescribed in the section. She emphasised the need for legal amendments to enable asset confiscation.

In a prior ACC study, she had highlighted the importance of an asset declaration system.

During the committee discussion, Thulusdhoo MP Ibrahim Naseem questioned whether the amendment would effectively prevent unjust enrichment by public officials.

“We can now see that this amendment does not address past incidents. How was the original amendment structured?” Naseem asked.

Responding on behalf of the Prosecutor General’s Office, Public Prosecutor Ahmed Naufal stated that no suggestions had been submitted to include past offences. He also noted that previous punishments for criminal procedural offences did not cover past offences.

The amendment seeks to penalise unjust enrichment by public officials from the date of enactment and to regulate the retention of such wealth.

Naseem pointed out that since the implementation of the Criminal Procedure Act, many cases of unjust enrichment have not led to convictions.

Naufal stated that one reason for this was the passage of Section 515 of the Penal Code by the 19th Parliament without addressing raised concerns.

“One concern at the time was that the law linked illicit enrichment to a serious criminal offence, making prosecution difficult. This issue remains unresolved,” he said.

He added that the legal connection between illicit enrichment and serious criminal offences has created enforcement challenges, resulting in only one charge being filed so far.

ACC Senior Investigation Officer Ahmed Shan Mohammed, also present at the meeting, echoed these concerns. He noted that the current law requires investigation of serious criminal offences, including cases beyond the ACC’s mandate, making it difficult to proceed with prosecutions.