When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia

The amendment of the Malaysian Criminal Procedure Code in 2010 formalised the plea-bargaining process and introduced two new sections, 172C and 172D. The new procedures are intended to reduce the backlog of cases in the criminal courts and as a swift alternative to a full criminal trial. However, th...

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Bibliographic Details
Main Author: Hamin, Zaiton (Author)
Contributors: Othman, Mohd Bahrin ; Rani, Ahmad Ridhwan Abd
Format: Electronic Article
Language:English
Published: 2019
In: Asian journal of criminology
Online Access: Volltext (Resolving-System)
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Keywords:
Criminal procedure
Functional systems theory
Organisational constraint
Plea-bargaining
Technical delay
Description
Summary:The amendment of the Malaysian Criminal Procedure Code in 2010 formalised the plea-bargaining process and introduced two new sections, 172C and 172D. The new procedures are intended to reduce the backlog of cases in the criminal courts and as a swift alternative to a full criminal trial. However, the law in action does not appear to be in line with the law in the statute book because currently the actors involved in the process are avoiding the use of the new procedural law. Instead, those actors are following the old informal practice of plea-bargaining to achieve their personal goals which may be inconsistent with the organisational goals of the judiciary and prosecution. This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with twenty respondents comprising the stakeholders in the criminal justice system.
ISSN:1871-014X
DOI:10.1007/s11417-019-09288-x