Penal Code
71
(c) A and B agree to cheat the Government on a contract for goods
by inflating the price of goods quoted in the tender document. A and B
intend to conceal the real price of the goods to the Government. A and
B are guilty of conspiring to cheat the Government the moment that one
of them drafts the fraudulent tender document or engages in any other
act in furtherance of the plan.
(d) A, B and C agree to engage in fraud and misuse of visas, permits
or other documents to facilitate a particular act of terrorism in Malaysia.
All three are guilty of conspiracy to provide support for the commission
of a terrorist act the moment any one of them engages in an act in
furtherance of the plan, such as acquiring the visas or other materials
necessary to produce the fraudulent documents.
Punishment of criminal conspiracy
120b. (1) Whoever is a party to a criminal conspiracy to commit
an offence punishable with death, imprisonment for a term of two
years or upwards shall, where no express provision is made in
this Code for the punishment of such a conspiracy, be punished
in the same manner as if he had abetted such offence.
(2) Subject to subsection (3), whoever is a party to a criminal
conspiracy other than a criminal conspiracy to commit an offence
punishable as aforesaid shall be punished with imprisonment for
a term not exceeding six months or with fine or with both.
(3) If the offence, the commission of which is the object of the
conspiracy, is a minor offence under the Minor Offences Act 1955
[Act 336] the punishment for such conspiracy shall not exceed
the maximum punishment provided for such minor offence.
Chapter VI
OFFENCES AGAINST THE STATE
Waging or attempting to wage war or abetting the waging
of war against the Yang di-Pertuan Agong, a Ruler or Yang
di-Pertua Negeri
121. Whoever wages war against the Yang di-Pertuan Agong or
against any of the Rulers or Yang di-Pertua Negeri, or attempts
to wage such war, or abets the waging of such war, shall be
punished with death or imprisonment for life, and if not sentenced
to death shall also be liable to fine.
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