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

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, 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian Journal of Criminology Springer Journals

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

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Publisher
Springer Journals
Copyright
Copyright © 2019 by Springer Nature B.V.
Subject
Criminology and Criminal Justice; Criminology and Criminal Justice, general; Social Sciences, general; Political Science; Law, general
ISSN
1871-0131
eISSN
1871-014X
DOI
10.1007/s11417-019-09288-x
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

Asian Journal of Criminology – Springer Journals

Published: Jul 6, 2019

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