Singapore legislation

Section 7

of Corruption (Confiscation of Benefits) Act

Section 7

Amount to be recovered under confiscation order

(1)

Subject to subsection (3), the amount to be recovered from the defendant under the confiscation order shall be the amount the court assesses to be the value of the benefits derived by the defendant from corruption.

(2)

If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under section 6 or otherwise), the court may issue a certificate giving its opinion as to the matters concerned and shall do so if satisfied as mentioned in subsection (3).

(3)

If the court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the benefits derived by the defendant from corruption, the amount to be recovered from the defendant under the confiscation order shall be the amount appearing to the court to be the amount that might be so realised.