The New Straits Times
By V. Anbalagan
By V. Anbalagan
PUTRAJAYA: The nation's top judge has reminded his judicial officers to impose deterrent sentences on accused persons to help check the crime rate.
Chief Justice Tun Zaki Azmi said if the public lost confidence in the courts and law enforcement agencies, they might start taking the law into their own hands.
"We do not want that," he said at the opening of the 2011 legal year at the International Convention Centre here yesterday.
He said the public demanded that criminals be brought to justice early and that they be given sentences that would deter others from committing similar offences.
Chief Justice Tun Zaki Azmi said if the public lost confidence in the courts and law enforcement agencies, they might start taking the law into their own hands.
"We do not want that," he said at the opening of the 2011 legal year at the International Convention Centre here yesterday.
He said the public demanded that criminals be brought to justice early and that they be given sentences that would deter others from committing similar offences.
He added that justice was not only for the accused but also the victim, witnesses and the public.
"Just because it is a white collar crime, it does not mean he should not be sent to prison. In fact a fine, no matter how heavy it is, may not be a sufficient deterrent in some cases.
"After all money is nothing to a millionaire. But a small fine to a kampung man in Gua Musang may be a sufficient deterrent."
Zaki said he believed the crime rate, although slightly reduced, was still a cause for concern.
"It is just an injustice to let off a person lightly."
Zaki, who will retire in September, said postponements in criminal cases were still a major problem and this was not fair to witnesses, especially victims.
He said the judiciary would add more courts to dispose of criminal cases and also formulate a policy to not strike out warrant of arrest so that the accused surrendered or was caught.
Attorney-General Tan Sri Abdul Gani Patail in his speech said plea bargaining in criminal cases was expected to be implemented in three months.
(Plea bargaining is an agreement where the prosecutor offers the accused the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter sentence than the maximum).
Gani, who is also the public prosecutor, later told reporters that the mechanism of plea bargaining was being worked out and a nationwide road show would be conducted to allow lawyers and the public to have a better understanding of it.
"We want to do everything in a transparent manner," he said, adding that not all cases would be plea bargained.
Gani said the prosecution would charge a person for murder or drug trafficking that carried the death penalty if evidence was strong enough to secure a conviction.
However, he said the prosecution would offer a reduction from trafficking to possession (which only carries a jail term and caning) if there was doubt. Gani said it was better for the prosecution to reduce the charge instead of the court making amendments in the course of the trial.
Plea bargaining was added in amendments to the Criminal Procedure Code and was passed by Parliament. Royal assent had been obtained and it was gazetted on June 10, last year.
Apart from disposing of cases expeditiously, plea bargaining could aid the prosecution in securing convictions.
"Just because it is a white collar crime, it does not mean he should not be sent to prison. In fact a fine, no matter how heavy it is, may not be a sufficient deterrent in some cases.
"After all money is nothing to a millionaire. But a small fine to a kampung man in Gua Musang may be a sufficient deterrent."
Zaki said he believed the crime rate, although slightly reduced, was still a cause for concern.
"It is just an injustice to let off a person lightly."
Zaki, who will retire in September, said postponements in criminal cases were still a major problem and this was not fair to witnesses, especially victims.
He said the judiciary would add more courts to dispose of criminal cases and also formulate a policy to not strike out warrant of arrest so that the accused surrendered or was caught.
Attorney-General Tan Sri Abdul Gani Patail in his speech said plea bargaining in criminal cases was expected to be implemented in three months.
(Plea bargaining is an agreement where the prosecutor offers the accused the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter sentence than the maximum).
Gani, who is also the public prosecutor, later told reporters that the mechanism of plea bargaining was being worked out and a nationwide road show would be conducted to allow lawyers and the public to have a better understanding of it.
"We want to do everything in a transparent manner," he said, adding that not all cases would be plea bargained.
Gani said the prosecution would charge a person for murder or drug trafficking that carried the death penalty if evidence was strong enough to secure a conviction.
However, he said the prosecution would offer a reduction from trafficking to possession (which only carries a jail term and caning) if there was doubt. Gani said it was better for the prosecution to reduce the charge instead of the court making amendments in the course of the trial.
Plea bargaining was added in amendments to the Criminal Procedure Code and was passed by Parliament. Royal assent had been obtained and it was gazetted on June 10, last year.
Apart from disposing of cases expeditiously, plea bargaining could aid the prosecution in securing convictions.
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