Page:Malaysian Anti-Corruption Commission Act 2009.pdf/52

52 Commission for the purpose of investigation, and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.

(6) A person who is detained in lawful custody under subsection (5) or otherwise under any other written law may, at any time, be made available to an officer of the Commission for the purpose of investigation, or may be taken to any other place for the purpose of searching the place, or seizing any property, or identifying any person or for any other purpose related to the investigation.

(7) The period during which a person is under lawful custody under subsection (6) shall count towards the period of his imprisonment, detention or other custody.

(8) Where a person has been arrested and admitted to bail and the bailor fails to produce him or where the conditions of the bond on which or subject to which a person is released have not been complied with, the Public Prosecutor may apply to a Magistrate’s Court for an order of forfeiture of the sum of money deposited and the Court shall deal with the application in accordance with section 404 of the Criminal Procedure Code.

Presumption in certain offences

50. (1) Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.

(2) Where in any proceedings against any person for an offence under section 161, 162, 163 or 164 of the Penal Code,