Sec 52 MACC Act

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MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009

ACT 694
 
52  Evidence of accomplice and agent provocateur

(1) Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person
for an offence under this Act-

(a) no witness shall be regarded as an accomplice by reason only of such witness having-

(i) accepted, received, obtained, solicited, agreed to accept or receive, or


attempted to obtain any gratification from any person;
(ii) given, promised, offered or agreed to give any gratification; or
(iii) been in any manner concerned in the commission of such offence or having
knowledge of the commission of the offence;

(b) no agent provocateur, whether he is an officer of the commission or not, shall be


presumed to be unworthy of credit by reason only of his having attempted to commit, or to
abet, having abetted or having been engaged in a criminal conspiracy to commit, such
offence if the main purpose of such attempt, abetment or engagement was to secure
evidence against such person; and
(c) any statement, whether oral or written, made to an agent provocateur by such person
shall be admissible as evidence at his trial.

(2) Notwithstanding any written law or rule of law to the contrary, a conviction for any offence under this
Act solely on the uncorroborated evidence of any accomplice or agent provocateur shall not be illegal and
no such conviction shall be set aside merely because the court which tried the case has failed to refer in
the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.

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