112
Laws of Malaysia
Act 593
Plea bargaining
172c. (1) An accused charged with an offence and claims to be
tried may make an application for plea bargaining in the Court
in which the offence is to be tried.
(2) The application under subsection (1) shall be in Form 28a
of the Second Schedule and shall contain—
(a)
a brief description of the offence that the accused is
charged with;
(b)
a declaration by the accused stating that the application is
voluntarily made by him after understanding the nature
and extent of the punishment provided under the law
for the offence that the accused is charged with; and
(c)
information as to whether the plea bargaining applied
for is in respect of the sentence or the charge for the
offence that the accused is charged with.
(3) Upon receiving an application made under subsection (1),
the Court shall issue a notice in writing to the Public Prosecutor
and to the accused to appear before the Court on a date fixed
for the hearing of the application.
(4) When the Public Prosecutor and the accused appear on the
date fixed for the hearing of the application under subsection (3),
the Court shall examine the accused in camera—
(a)
where the accused is unrepresented, in the absence of the
Public Prosecutor; or
(b)
where the accused is represented by an advocate, in the
presence of his advocate and the Public Prosecutor,
as to whether the accused has made the application voluntarily.
(5) Upon the Court being satisfied that the accused has made
the application voluntarily, the Public Prosecutor and the accused
shall proceed to mutually agree upon a satisfactory disposition
of the case.
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