Singapore legislation
Clause 4
Clause 4
Confiscation orders
(1)
Where a defendant is convicted of one or more corruption offences, the court shall, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by him from corruption if the court is satisfied that such benefits have been so derived.
(2)
If the court is satisfied that benefits have been derived by the defendant from corruption, the court shall, before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned, determine in accordance with section 7 the amount to be recovered in his case by virtue of this section.
(3)
The court shall then, in respect of the offence or offences concerned —
take account of the confiscation order before imposing any fine on him; and
subject to paragraph (a), leave the confiscation order out of account in determining the appropriate sentence or other manner of dealing with the defendant.
(4)
For the purposes of this Act, a person who holds or has at any time (whether before or after the commencement of this Act) held any property or any interest therein disproportionate to his known sources of income, the holding of which cannot be explained to the satisfaction of the court, shall be deemed to have derived benefits from corruption.