Section 5
11)
of Criminal Conduct (Recovery of Proceeds) Order, 2000
The Court shall have power, in addition to dealing with an offender in any other way, to make an order under this section requiring him to pay such sum as it thinks fit.
(2)
The Court may make such an order against an offender where-
(a)
he is found guilty of an offence to which this O.rder applies; and
(b)
it is satisfied that he has benefited from that offence or from that offence taken together with some other offence of which he is convicted in the same proceedings, or which the Court takes into consideration in determining his sentence, and which is not a drug-trafficking offence.
13)
For the purposes of this Order, a person benefits from an offence if he obtains property as a result of or in connection with its commission and his benefit is the value of the property so obtained.
(4)
Where a person derives a pecuniary advantage as a result of or in connection with the commission of an offence, he is to be treated for the purposes of this Order as if he had obtained as a result of or in connection with the commission of the offence a sum of money equal to the value of that pecuniary advantage.
(5)
The sum which an order made by the Court under this section requires an offender to pay shall not exceed -
980
{a} the benefit in respect of which it is made; or
(b)
the amount appearing to the Court to be the amount that might be realised at the time the order is made, whichever is the less.
16)
The standard of proof required to determine any question arising under this Order as to -
fa} whether a person has benefited as mentioned in paragraph (b) of subsection (2); or
(b} the amount to be recovered in his case under section 6, shall be that applicable in civil proceedings.
171
Where, in any proceedings for an offence under this Order, it is proved that the defendant has benefited from an offence to which this Order applies, any realisable property held by him obtained as a result of or in connection with its commission shall be presumed to have been obtained with knowledge that such an offence had been committed, unless the contrary is proved.
(8)
The Court may, on the application of the Attorney General, make a confiscation order when the defendant (whether or not he has been charged)
cannot be found or who is outside Brunei Darussalam and cannot be compelled to attend before the Court, or when the identity of the owner of the property is not known.
(9)
In this Order-
(a} references to an offence to which this Order applies are references to any offence, committed in Brunei Darussalam, other than a drug trafficking offence, punishable in Brunei Darussalam (whether or not with any other method of punishment) with imprisonment for a term of not less than five years or for life or which is a capital offence;
(b)
a person against whom proceedings have been instituted for an offence to which this Order applies is referred to (whether or not he has been convicted) as "the defendant".
Making of confiscation orders.