Formal plea bargaining in criminal cases, where an accused person enjoys a 50 per cent reduction from the maximum punishment, is to be implemented soon in the courts, Chief Justice Tun Zaki Azmi said today.
The concept would expedite the disposal of criminal cases and reduce their backlog, he said, adding that the disposal of such cases now had not been fast. He said the prosecution and the accused, even in cases where the penalty is death, could apply for plea bargaining in court before the trial commenced.
"In this (plea bargaining) way, more accused persons will plead guilty and the case does not have to go for full trial, and criminal cases will be resolved smoothly," he told reporters after the opening of the second Judges Conference, here.
Some 128 judges of the High Court, the Court of Appeal and the Federal Court are attending the three-day conference aimed at, among others, to review all cases and identify the causes of delay as well as to share experience.
The chief justice explained that plea bargaining would be applicable only to first-time offenders and that judges and lawyers were being briefed on the concept. The guidelines for the concept had been drafted by the Attorney-General's Chambers and they would be discussed with the courts and the Bar Council before implementation.
He said the amendment in Section 172 of the Criminal Procedure Code Act 2010, to include the concept of plea bargaining, had been passed by Parliament in June. Prior to the amendment, an accused person who offered to plea bargain was not guaranteed a 50 per cent discount from the maximum punishment, he added.
Federal Court Judge and Managing Judge for the Criminal Courts Tan Sri Zulkefli Ahmad Makinudin said plea bargaining must be offered within 30 days after a person had been charged and, if there was no option after 90 days, the case would go for full trial. He also said that once sentence had been meted out, both parties could not appeal the decision at a superior court except on technical grounds.
He said the judge could call the accused in camera to ensure that the plea bargaining application was made voluntarily.
In working out a satisfactory disposition of the case, it was the duty of the court to ensure that the plea bargaining was completed voluntarily by the parties involved in the process, he said.
Zulkefli said plea bargaining took place now, but following the amendment to the law, the matter would become formal with proper guidelines and a standard procedure.
Bernama, Monday, 13 December 2010 14:28
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