Sticking to the Old Ways in the Plea-Bargaining Process: Some evidence from Malaysia

Authors

  • Zaiton Hamin Faculty of Law, Universiti Teknologi MARA, Shah Alam, Selangor, Malaysia
  • Mohd Bahrin Othman Faculty of Law, Student Affairs and Alumni Division, Universiti Teknologi MARA, Shah Alam, Selangor, Malaysia
  • Ahmad Ridhwan Abd Rani Faculty of Law, Universiti Teknologi MARA, Shah Alam, Selangor, Malaysia

DOI:

https://doi.org/10.21834/ebpj.v5iSI1.2324

Abstract

In Malaysia, the plea-bargaining process was formalized in 2010 with the amendment to the Criminal Procedure Code 1976, which was intended to reduce the number of criminal cases that could be resolved at the pre-trial stage. However, the law in action does not appear to be in line with the law in the statute book. Hence, this paper aims at examining the reality of the plea-bargaining process and the extent of the applications in Malaysia. This paper adopts a qualitative methodology, of which the primary data is obtained from semi-structured while the secondary data obtained from library-based sources.   

Keywords: Plea-Bargaining Process; Criminal Procedure; Prosecutor; Defence Counsel.   

eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer-review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.   
DOI: https://doi.org/10.21834/ebpj.v5iSI1.2324

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Published

2020-06-01

How to Cite

Hamin, Z. ., Othman , M. B. ., & Abd Rani , A. R. . (2020). Sticking to the Old Ways in the Plea-Bargaining Process: Some evidence from Malaysia. Environment-Behaviour Proceedings Journal, 5(SI1), 225–230. https://doi.org/10.21834/ebpj.v5iSI1.2324