Amendment seeks to ease legal action against ex-presidents for illicit enrichment

An amendment has been submitted to the Penal Code on Monday which seeks to ease the process of pressing charges against individuals who have gained illicit enrichment while in a government post, even after they leave the post.

The government-backed bill was submitted to the Parliament with the sponsorship of Maafushi MP Hussain Riza Adam. 

The amendment was proposed to Article 515 of the Penal Code to redefine the crime of illicit enrichment in light of confusions arising from the existing wordings in the law.

As per the amendment, illicit enrichment while holding the post of the president, a cabinet minister, a parliamentarian or a judge accounts for a class two criminal act. Illicit enrichment in other circumstances would amount to a class three criminal act.

Illicit enrichment under the amendment is defined as establishing and maintaining a standard of living that does not correspond to the income received while employed in a government post.

In this regard, acquiring property or money to their name or in the name of someone the individual is connected to by family, personal or business that do not correspond to the income earned while employed in the government post is considered as illicit enrichment.

It is considered illicit enrichment of the individual is unable to prove that the standard of living established and maintained by them is within the confinement of law or if they unable to prove that property or money acquired by another party with family, personal or business links to the person was acquired within the confinements of law.

If it is proven that the enrichment falls within the confinements of law, it would not be considered a crime.

An amendment was first brought to the law to classify illicit enrichment as a crime in 2021.

President Dr. Mohamed Muizzu had announced the submission of the amendment to the Parliament on Thursday night, citing the legal reforms to the Penal Code are aimed at facilitating broader investigations into battling corruption and illicit enrichment.

In this regard, the President detailed that the amendments will be brought to section 515 of the Penal Code which criminalizes and codifies illicit gains to grant broad powers to investigate the president, cabinet ministers, parliamentarians, judges, civil employees and former civil employees, suspected of gaining or having gained illicit gains.

In the Maldives, it is the Anti-Corruption Commission (ACC) that is mandated with probing into corruption cases.