Plea bargaining to cut sentences is common, say lawyers

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PETALING JAYA: Several lawyers have disputed the claim by former prime minister Dr Mahathir Mohamad that Malaysia does not adopt the concept of plea bargains, saying they are in fact a common practice in the country. Several criminal lawyers who spoke to FMT said it was a long-standing practice for those accused of criminal offences to seek less severe sentences or a reduced charge by writing to the deputy public prosecutor. Under amendments made in 2012, the Criminal Procedure Code provides for a pre-trial conference at which the accused and prosecution may discuss a plea bargain. The code in fact sets out procedures for an accused to make an application to the court for plea bargaining. Plea bargains are limited by the severity of the sentence and the offence with which the accused has been charged. The law does not provide for plea bargaining for an acquittal or a discharge, w…