An amendment has been proposed to the Penal Code where a government employee accused of illegal enrichment carries the burden of proof to prove their means of enrichment.
An amendment has been proposed to the Penal Code where a government employee accused of illegal enrichment carries the burden of proof to prove their means of enrichment.
Government aligned MP for Maafushi Hussain Riza Adam submitted the amendment today stating that the aim is to clarify any ambiguity that exists in interpreting the law regarding penalties for wrongful enrichment.
Article 515 (a.3) states that there has to be sufficient evidence to believe that funds, goods, or established standard of living in the name of an individual, a relative, or another individual with a personal or business connection to them were obtained through major criminal means.
However, the government has proposed to make it a crime if it cannot be proven whether a person in a State position is living in means established via legal means. With this amendment, the burden of proof lies with the accused.
The amendment also more clearly defines 'State employee'. Currently, the law refers to a person filling a State position. The amendment changes this phrase to 'a person filling, or who has filled, a State position'.
Riza said that with the burden of proof resting on the accused, it will encourage individuals to better maintain documentation related to assets.
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