THE LEGAL PROOF OF MACAU SCAM IN MALAYSIA

Abstract

Although there are 5218 Macau scam cases reported since January to October 2020, from the total of the cases, 1420 cases were charged and 2676 were arrested by the Royal Malaysian Police (RMP). This fact can be considered as strong evidence to proof that Macau scam is getting increasingly serious and has the potential to become even worse in the future. Therefore, this study is conducted to investigate the legal meaning of Macau scam, the relevant provision in Malaysian Statute, the methods of proving and the standard of proof applicable in convicting Macau scam crime. Empirical methods of investigation based on available reported cases about Macau scam or fraud are developed herein. Application of such methods will analyse each of the issues highlighted in this study. This study found that Macau's scam means that the fraudulent act deliberately cheats someone to get fast money by making them suffer a loss of money. Besides that, there are provisions that may be applicable to Macau scam; as one of the forms of fraud contained in the Penal Code (Act 574), Section 24, Section 25, Section 415, Section 170 and Section 420. Reviewing cases of fraud as the basis for the Macau scam, it was explicitly stated in most cases that the burden of proof rests with the prosecutor or the group who wished to allege the Macau scam. The standard of proof in civil trials is in the balance of probabilities. The impact of the study is on phone users; victims of Macau scams and legal practitioners in Malaysia. Future studies may be conducted in the field of legal remedies for a Macau scam crime.