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164 Laws of Malaysia ACT 574<br />

Presumption<br />

409B. (1) Where in any proceeding it is proved—<br />

(a) for any offence prescribed in sections 403 and 404, that<br />

any person had misappropriated any property; or<br />

(b) for any offence prescribed in sections 405, 406, 407, 408<br />

and 409, that any person entrusted with property or with<br />

dominion over property had—<br />

(i) misappropriated that property;<br />

(ii) used or disposed of that property in violation of<br />

any direction of law prescribing the mode in which<br />

such trust is to be discharged or of any legal<br />

contract, express or implied which he had made<br />

touching the discharge of such trust; or<br />

(iii) suffered any person to do any of the acts described<br />

in subparagraph (i) or (ii) above,<br />

it shall be presumed that he had acted dishonestly until the contrary<br />

is proved.<br />

(2) The presumption under subsection (1) shall apply mutatis<br />

mutandis to the offences prescribed in sections 109 and 511 of the<br />

Code in relation to any of the offences referred to in that section.<br />

Stolen property<br />

Receiving Stolen Property<br />

410. (1) Property the possession whereof has been transferred by<br />

theft, or by extortion, or by robbery, and property which has been<br />

criminally misappropriated or in respect of which criminal breach<br />

of trust or cheating has been committed, is designated as “stolen<br />

property”, whether the transfer has been made or the misappropriation<br />

or breach of trust or cheating has been committed within or without<br />

Malaysia. But if such property subsequently comes into the possession<br />

of a person legally entitled to the possession thereof, it then ceases<br />

to be stolen property.<br />

(2) The expression “stolen property” includes any property into<br />

or for which the same has been converted or exchanged and anything<br />

acquired by such conversion or exchange whether immediately or<br />

otherwise.

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