White Collar Crimes Case Study
TYPES OF WHITE COLLAR CRIMES
Under the penal code, several offences related to white collar crimes can be found, such as the offence of criminal misappropriation of property , criminal breach of trust , cheating , forgery and defamation . In order to determine whether the laws against white collar crimes in Malaysia are effective we have to first look into the provisions of the types of crimes under the penal code as well as decisions of local cases.
Misappropriation of property means anyone who dishonestly misuse, tempt or took for his own use of that property as stated under section 403. Punishment imposed for this offence is a jail term more than six months and less than five years with whipping and fine. In Hashim Bin Pawanchee & Anor V PP the accused, a father and a son had dishonestly misappropriated Bank Bumiputra Malaysia Bhd. cheque number 510267, 573602, 573616 in March, May and June consecutively. They were held liable under s.403 and were initially sentenced to a 14 months’ imprisonment. However, the judge considered the plea of guilty of the accused and held that a sentence of 14 months ' imprisonment is clearly too extreme and unreasonable. Thus, they are sentenced to one year’s imprisonment each.
According to section 405, criminal breach of trust is where one is entrusted with property solely or jointly with another, dishonestly tempt, took or use for their own use in violation where such trust is to be discharged as a lawful contract, either expressly or
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