Possession of unaccounted property or pecuniary resource

(1) Where upon examination of a complaint made under section 34 of this Act, or otherwise, the Commission, in the course of an investigation under section 37 of this Act is of the view that a public servant, or any other person on his behalf is in of or disproportionate to his legitimate sources of income, the Commission shall conduct a separate inquiry to determine whether such person has committed a breach of the provisions of the Act in connection with that property or pecuniary (2) On the conclusion of any inquiry under subsection (1) of this section, the Commission shall submit a report to the Director of Public Prosecutions and the Governor-General. (3) Where the Director of Public Prosecutions is satisfied, on the examination of the report referred to in subsection (2) of this section and other relevant evidence, that any person ought to be prosecuted for an offence under Part IV, the Director of Public Prosecutions shall institute and undertake criminal proceedings against the person. (4) Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection (2) of this section, the Director of Public Prosecutions shall inform the Commission and the Governor- General, in writing, about the action taken in pursuance of the report. (5) In imposing a fine on a person found guilty of an offence under this section, the Court shall have regard to the value of the property or pecuniary resource in the possession of that person, which cannot be accounted for taking into account his or her legitimate sources of income. 36 Prevention of Corruption