Act%20574
Act%20574
Act%20574
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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.