PUTRAJAYA, Jan 15 — The formal plea bargaining concept in criminal cases is expected to be implemented within three months, said Attorney-General Tan Sri Abdul Gani Patail.
He said while not all criminal cases would be resolved by plea bargaining, it would be on the part of the Attorney-General’s Chambers to look into which cases needed to be resolved by plea bargaining.
“It doesn’t mean that when you ask for reduction in charge or ask immediately for plea bargaining, we immediately agree... no.
“If the prosecution feels it has a strong case, it would go ahead to proceed (with) a full trial of the case and would not go for plea bargain,” said Abdul Gani (picture).
He said this in a speech at the opening of the Legal Year 2011 which was held by the judiciary at the Putrajaya International Convention Centre today.
Abdul Gani, however, said certain cases such as drug trafficking which the prosecution thought had uncertain chances of conviction and a waste of time to go for trial or faced some problems, the prosecution would consider resolving the case by plea bargain.
“It doesn’t mean (that) in all cases, we plea bargain. Otherwise, we find (that in) all murder cases, people will not be hanged. That is not the whole idea. I think there is a misconception in this,” he told reporters later.
Abdul Gani said guidelines for the concept had been drafted and currently roadshows were being held, aimed at getting lawyers, deputy public prosecutors and judicial officers familiarised with the concept before implementation took place.
“Guidelines include on how we communicate with each other, how we deal with the courts, the proper understanding of the mechanism, what the percentage of reduction is, and so on.
“So, that has to be very clear because I don’t want any other kind of perception later on, making deals outside or whatever. That shouldn’t happen. So, everything has got to be transparent and made very clear. The courts have to be involved,’ said Abdul Gani.
The system, passed by Parliament in June last year, would assist in controlling the backlog of cases where the prosecution and the accused person charged with an offence, which includes capital punishment, could make the application for plea bargaining in court before the trial commenced.
Under the plea bargaining system, an accused person who pleads guilty to the charge would enjoy a 50 per cent reduction of the maximum punishment. — Bernama
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.