Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004)Chapter 5 : Penalties and related matters26. Penalties |
| (1) | Any person who is convicted of an offence referred to in— |
| (a) | Part 1, 2, 3 or 4, or section 18 of Chapter 2, is liable— |
| (i) | in the case of a sentence to be imposed by a High Court, to a fine or to imprisonment up to a period for imprisonment for life; |
| (ii) | in the case of a sentence to be imposed by a regional court, to a fine or to imprisonment for a period not exceeding 18 years; or |
| (iii) | in the case of a sentence to be imposed by a magistrate's court. to a fine or to imprisonment for a period not exceeding five years; |
| (b) | section 17(1), 19, 20, 23(7)(a) or (b) or 34(2), is liable— |
| (i) | in the case of a sentence to be imposed by a High Court or a regional court, to a fine or to imprisonment for a period not exceeding 10 years; or |
| (ii) | in the case of a sentence to be imposed by a magistrate's court, to a fine or to imprisonment for a period not exceeding three years; or |
| (c) | section 28(6)(b), is liable to a fine of R250 000 or to imprisonment for a period not exceeding three years. |
| (2) | A person convicted of an offence referred to in section 21, is liable to the punishment laid down in subsection (1) for the offence which that person attempted or conspired to commit or aided, abetted, induced, instigated, instructed, commanded, counseled or procured another person to commit. |
| (3) | In addition to any fine a court may impose in terms of subsection (1) or (2), the court may impose a fine equal to five times the value of the gratification involved in the offence. |