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Amendments to Penal Code, CPC bolster efforts against financial scams

KUALA LUMPUR: The amendments to the Penal Code and the Criminal Procedure Code, which came into effect on Oct 20, aim to target offenders with more focused charges.

This will help curb mule account activities, as those who readily provide their personal bank accounts may now face the risk of penalties for the offence.

Commercial Crime Investigation Department director Datuk Seri Ramli Mohamed Yoosuf said the new provisions allow policemen, particularly those in the CCID, to intensify efforts to trace individuals and legitimate business entities, such as companies, involved in mule account offences.

"With these amendments, it will no longer be easy for people to allow their personal accounts for others to use.

"Previously reported cases revealed that account holders offered various excuses when their accounts were used for fraudulent activities.

"However, with these amendments, the public will no longer casually allow their cards to be used by others, even temporarily.

"Efforts are also underway to impose criminal liability on those recruiting individuals to open bank accounts later used as mule accounts," he told Berita Harian today.

Ramli revealed that there were over 200,000 mule accounts reported.

"Mule accounts are no longer limited to individuals as they were before, but now include legitimate business entities such as private limited companies and sole proprietorships.

"With these more focused charges, mule account offenders will no longer only be charged under Section 29(1) of the Minor Offences Act, as was previously done," he added.

Earlier, Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran said the police had been granted authority following amendments to the Penal Code and the Criminal Procedure Code, which came into effect on Oct 20.

Kulasegaran said amendments to the CPC include the introduction of Section 116B, granting police officers of at least the rank of Sergeant the authority to seize and restrict the use of suspected funds held in any payment instrument or financial institution account.

"The amendment not only allows for the seizure but also prevents such funds from being used in further transactions, thus stopping scammers from withdrawing money through mule accounts.

"This will complement existing provisions under Section 435 of the CPC, which empower the police to seize stolen property, including fraudulently obtained physical assets," he said.

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