The previous Anti-Corruption Act (ACA) 1997 carried a more severe punishment, namely a mandatory jail sentence of not less than 14 days and not exceeding 20 years and fines amounting to five times the bribe amount or RM10,000 (whichever is higher). In comparison, under Section 406 of the Penal Code, penalty for criminal breach of trust (CBT) is imprisonment for a term which shall not be less than one year and not more than 10 years and with whipping. For cheating, the penalty under Section 420 of the Penal Code is imprisonment for a term of not less than one year and not more than 10 years and with whipping, and also a fine. Corruption is far more serious when compared with other offences such as CBT, cheating and even homicide because it has far-reaching consequences. The theory of deterrence developed by Hobbes, Beccaria and Bentham states that “the more severe a punishment, the more likely that offenders will desist from criminal acts.”Therefore, the one-day jail sentence for corruption cases should be scrapped.

Source: The Star September 17, 2021 22:30 UTC