INTEGRITY AND ANTI-

CORRUPTION COURSE
Kursus Integriti dan Antirasuah (KIAR)

NACP
2019-2023
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Module
CORRUPTION OFFENCES
ACCORDING TO
MACC ACT 2009

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Definition of CORRUPTION

Various definitions were given

by international organisations

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 “The abuse of
public office for
private gain”

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“Misuse of public power, office or
authority for private benefit - through
bribery, extortion, influence-peddling,
nepotism, fraud, speed money or
embezzlement.”

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“Misuse of entrusted power for
private gain. It hurts everyone who
depends on the integrity of people
in a position of authority.”
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Bribery - offering, promising, giving, accepting or
soliciting of an advantage as an inducement for an action
which is illegal, unethical or a breach of trust.

Active bribery - an employee of the company offers,

promises or gives an advantage.

Passive bribery - an employee requests, agrees to

receive or accepts an advantage.
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Receiving or giving gratification
(bribe) to do something related to
his official duties.

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CORRUPTION

Does not just involve giving and

receiving gratification.

4
corruption offences according to
the MACC Act 2009.

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 Malaysian Anti-Corruption
Commission Act 2009

Soliciting / Abuse of public

Accepting Offering / Giving
False claims position for
bribes bribes
S.18 MACC Act 2009
gratification
S.16(a) and 17(a) S.17(b) MACC Act 2009
S.23 MACC Act 2009
MACC Act 2009

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Soliciting or accepting
bribe

Any person who

solicits or accepts
gratification (bribe) as an
inducement to do or not to do
a certain act.

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Flight ticket bribe, Deputy
Director of Perbadanan Putrajaya
jailed
• Received a return flight ticket from Kuala
Lumpur to London worth RM3,022 from a
contractor.

• As an inducement to award maintenance

project for Taman Putra Perdana, Putrajaya
worth RM 3,521,894.48 to the contractor.

• 28 March 2012 - He was sentenced to 2

years’ imprisonment and RM15,110 fine.

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First Syariah High
Court Judge jailed • PUTRAJAYA, 24 June 2015 - The Court
of Appeals ordered a former Syariah
due to bribery High Court Judge to serve a six-year
prison sentence for seven counts of
bribery. He was also fined RM210,000
(or 42 months’ imprisonment).

• He received a bribe of RM13,000 for:

1. As gratification to lighten the
sentence of a syarie offender and
release court bail.
2. Approving polygamy application.

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Taking advantage of a single
mother in need of a home

• 18 November 2014 – A public

agency officer was charged with
soliciting sexual favours from a
single mother.

• As a favour to obtain approval for

owning affordable housing under
Projek Perumahan Rakyat
Termiskin (PPRT).

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Mathematics lecturer received
bribes, increased marks

• IPOH, 3 July 2014 – The court sentenced

a Mathematics Lecturer to one day’s
imprisonment and RM25,000 fine after
he was found guilty on 5 counts of
corruption.

• He received a total of RM1,130 in

gratification to increase the marks of
two students in Mathematics and
Statistics in 2011 and 2012.

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Headmaster soliciting • SHAH ALAM, 6 February 2017 - A
headmaster was sentenced to 8 months’
bribe from canteen imprisonment after he was found guilty on 2
operator counts of corruption.

• He received RM4,400 from a canteen

operator.

• The offence was committed on 30 January

and October 2014.

• The bribe was to obtain a support letter to

extend the canteen contract at his school.

• Section 165 of the Penal Code

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 Jailed for selling
• 15 April 2018 - A sales executive received degrees
an RM11,000 bribe from an individual.

• As a favour to obtain a Bachelor of

Business Administration certificate from
Multimedia University (MMU) without
undergoing the proper learning process.

• 7 May 2019 – The court handed a 2 years’

imprisonment sentence and RM55,000
fine (or 1 year’s imprisonment).

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Offering or giving
bribe

Any person who offers or gives

gratification to an agent / public officer
as as an inducement for doing an act
that is related to his / her official duties.

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Giving RM1,100 bribe • KUALA LUMPUR, 19 February 2018 – A
machinery and machine spare parts supplier
to change urine was sentenced to a month’s imprisonment and
sample to tap water RM10,000 fine.

• Offence of giving a RM1,100 bribe to a police

officer during a raid at an entertainment centre.

• The accused who was found to be positive of

Meth drug bribed the police officer to:
a. Not take his urine sample
b. To change it to tap water to be filled into
the urine bottle.

• The offence was committed on 31 January

2018, 1.30AM at Meridian entertainment
centre, Cheras.

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Contractor jailed for 3
months for giving bribe

• IPOH, 19 August – A construction

contractor was sentenced to three
months’ imprisonment and RM15,000
fine (or five months’ imprisonment) for
bribery.

• He was charged with giving RM3,000 to

an enforcement officer from the Land
and Mines Office (PTG) Ipoh to not take
action on his company, which produced
stone without permit.

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Bribe to avoid arrest by
Immigration

• KUCHING, 9 August 2016 - A trader was

sentenced to one day in prison and
RM10,000 fine.

• Offence of giving a RM610 bribe to Senior

Immigration Officer.

• As an inducement to not take action on him

for not having a legal work permit (section
55B(1) Immigration Act 1959/63).

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If you are offered a
bribe, what should
you do?

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False claim

Any persons who use / submit

claims documents containing
false details with the intention
to deceive their office.

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 EXAMPLE OF OFFENCE

Example 1:
Claiming full payment, but the goods
are not supplied or short.

Example 2:
Claiming payment for goods that do
not match the stipulated specification.

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 False claim: Contractor,
JKR technician jailed

• A contractor was charged at the

Butterworth Sessions Court with claiming
payment for the construction of a 405-
meter fence worth RM11,323.80.

• The actual length of the constructed

fence was 162.2 meter.

• 7 October 2011 – The contractor and JKR

technician were found guilty. They were
each sentenced to 4 years’ imprisonment
and RM144,709.65 fine.

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Dean sentenced to prison

• A university dean endorsed the supply of

Multi Joint 2 AP equipment worth
RM138,600.

• However, the actual equipment sent was

Multi Hip which only cost RM27,965.

• 30 January 2012 - Sentenced to one year’s

imprisonment and RM10,000 fine.

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 Manager and CEO of
MARA Education
Foundation conspired to
make false claim • 2 senior officers of YPM endorsed 9
Programmes ‘Kecemerlangan Ilmu dan
Sahsiah Diri Murid’ for Perak Education
Department (JPN Perak). In fact, all these
programmes are not implemented.

• Each endorsed programme was worth

RM33,850 with a total amount of
RM304,650.

• 6 September 2013 - YPM CEO pleaded

guilty. He was sentenced to 1 day in prison
and RM300,000 fine.

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 Claiming salary
for non-existent employees
• 22 September 2016 - Branch Manager of
Keselamatan Cisco (M0 Sdn Bhd in Perak was
charged with making false claims for false salary
and overtime amounting to RM40,021.24.

• The false claim was made under the name of an

individual who has never worked with the
company.

• The period of claim was from 1 January 2012 to

31 December 2012.

• The accused pleaded guilty and was sentenced

to 18 months’ imprisonment and RM200,106 fine.
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False claims for personal
beauty treatments

• Senior General Manager of Malaysia Airports

Holdings Berhad (MAHB) pleaded guilty to
three counts of submitting false claims worth
RM15,580.

• The accused was prosecuted for using credit

card meant for official MAHB purposes.

• In reality, the expenses were for personal

purposes which were skincare treatment
and body slimming.

• 4 January 2018 - Shah Alam Sessions Court

sentenced the accused to a RM46,800 fine.
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 Misappropriation • 3 November 2009 - Teratai ADUN and his
of ADUN allocation assistant submitted 7 false claims for
community programmes in conjunction with
Chinese New Year and Thaipusam.

• In fact, the programmes were never

conducted.

• ADUN and his assistant were found guilty.

They were sentenced to 2 years’
imprisonment and RM50,000 fine for each
charge.

• 29 November 2016 - Court of Appeal upheld

the conviction.

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Abuse of power by a
public officer

A public officer using his position in

making a decision or taking any action
on a matter in which he, his relative or
associate holds interest.

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EXAMPLE OF EXAMPLE 1:

OFFENCE Head of government department approves

a project for his son’s company.

EXAMPLE 2:
Project director (GLC) decides to select a
tender for a company owned by his sibling.

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 Husband-wife
lecturers guilty of
abuse of power

• 9 January 2017 - A husband and wife

working as lecturers at Padang Terap
Community College were found guilty for
abuse of power offence.

• The wife prepared a Local Order for the

supply of electrical equipment spare parts Sentence for husband - 1 day in
worth RM34,250.25 to a company owned prison and RM170,251.25 fine.
by her sibling.
Sentence for wife - good behaviour
• Meanwhile, the husband endorsed the for 3 years with a guarantor.
Local Order.
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 Abuse of power in
• GEORGETOWN, 26 July 2016 - An officer at the Pulau
supply of lab coat: 4 Pinang Education Department was charged with abuse
years in prison, of power around the year 2013.
RM130,812.50 fine • The accused endorsed a payment voucher worth
RM26,162.50 to Syarikat Nur Ehsan Maju Enterprise for
the supply of lab coats to school assistants across
Pulau Pinang.

• The accused was found to hold interest in the company.

• The accused was also charged with receiving

RM24,656 from individual who has official dealings with
him.

• 11 July 2019 - The High Court upheld the sentence of 5

years’ imprisonment and RM130,812.50 fine.
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Principal appoints
own company

• The principal of SMK Perempuan Raja

Zarina, Pelabuhan Klang, abused her
position.

• Selected her own company to supply:

1. Teaching aids worth RM2,091.65
2. Equipment and stationery worth
RM4,500

• 27 July 2017 - She was sentenced to 9

months’ imprisonment and RM40,500 fine.

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CM abuses absolute power
to appoint family company

• KOTA KINABALU, 5 January 1991 - Chief

Minister of Sabah was charged with abusing
his absolute power.

• He approved a development project in

Tambunan worth almost RM1.5 million to
companies owned by his two in-laws.

• He was found guilty and fined RM1,800.

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Melaka Exco involved in meeting
to approve land to own company

• 31 May 1997 - Prosecuted for being involved

in an EXCO meeting to approve land
application to Ivory Height Sdn. Bhd. for a
fishery project.

• He did not declare having personal interest.

• The company actually belongs to him, but is

under someone else’s name (proxy).

• He received RM500,000 when the company

and land given by the government were sold.

• Imprisoned for 2 years and fined RM20,000.

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If a family member
applies for a project at
your place of work, what
should you do?

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CORRUPTION: IF GUILTY…

IMPRISONMENT not exceeding

20 years; AND

FINE 5 times the value of

gratification, or RM10,000,
whichever is higher.
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Proceeds from
corruption
SEIZED &
FORFEITED

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 STATISTICS OF SEIZURE AND FORFEITURE BY MACC
2015 - 2020

ITEM 2015 2016 2017 2018 2019 2020

SEIZURE RM22.27 mil RM306.15 mil RM353.06 mil RM2,709.41 mil RM60.83 mil RM999.38 mil

FORFEITURE RM3.94 mil RM4.95 mil RM48.56 mil RM37.66 mil RM1.285 billion RM14.332 biliion

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Transaction
from
corruption

Money
laundering
crime

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ILLUSTRATION

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If convicted
IMPRISONMENT not
of money exceeding 15 years; AND
laundering

FINE 5 times the value of proceeds

Section 4(1) from unlawful activities or RM5
AMLATFAPUAA 2001 million, whichever is higher.

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Giving & Receiving

How does it
become a
bribe?

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 NEVER accept a valuable gift /
Reminder item from contractors / suppliers
to public
who have official dealings with
officers!
you.

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 Offence
of receiving SECTION 165 PENAL CODE
gifts by a A public servant accepts any valuable
public servant thing without adequate consideration
from any party with whom he has
official connections.

SENTENCE
2 years’ imprisonment or fine or both.

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 GIFTS when…
become

The giver and The giving of gifts The value of the

recipient of gifts influences the gift is not
has official decision that will be commensurate
relations. made by the recipient with the gift

Service Circular No. 3 Year 1998

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 Malaysian Anti-Corruption
Commission Act 2009

Soliciting / Abuse of public

Accepting Offering / Giving
False claims position for
bribes bribes
S.18 MACC Act 2009
gratification
S.16(a) and 17(a) S.17(b) MACC Act 2009
S.23 MACC Act 2009
MACC Act 2009

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