DPA is not a 'get-out-of-jail-free card', says MACC chief

New Straits Times

4 days ago

KUALA LUMPUR: A Deferred Prosecution Agreement (DPA) is not a get-out-of-jail-free card but an agreement where the prosecution may defer criminal charges under terms and conditions that must be complied with, the Malaysian Anti-Corruption Commission said.
MACC chief commissioner Tan Sri Azam Baki said individuals under investigation will still face prosecution based on the offences already committed.
"A DPA is not a shortcut or solution to avoid court charges. The aim is not to bypass justice, but to provide an alternative procedure.
"If negotiations for a DPA fail, the legal entity will still be brought to court for the offences committed," he said.
A DPA is an agreement between the prosecution and an organisation or company involved in major corruption offences. Under this agreement, prosecution may be deferred if the entity agrees to fulfil specific terms and conditions.
Indirectly, a DPA enables the recovery of assets and funds more quickly, especially in large-scale cases involving significant sums, and avoids lengthy, complex trials that require substantial costs and resources.
It is expected to strengthen the MACC Act 2009, which currently relies on Sections 40 and 41, or Sections 55 and 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFAPUAA 2001).
Berita Harian had reported that the proposal to introduce DPA into national enforcement legislation, particularly anti-corruption law, had received mixed reactions regarding its strengths and weaknesses.
While some believe the DPA could expedite the recovery of stolen public funds, others were concerned it may become a 'get-out-of-jail-free card' for the wealthy and well-connected.
Anti-corruption analyst and Universiti Kebangsaan Malaysia (UKM) law professor Prof Dr Salawati Mat Basir described the DPA as a suitable alternative for the swift recovery of misappropriated public funds.
Senior lawyer and former deputy public prosecutor Fahmi Abd Moin supported the proposal to amend the MACC Act, saying it provides the commission with more options to reclaim funds lost to corruption or abuse of power by entities under investigation.
However, senior lawyer Datuk Amer Hamzah Arshad voiced concern that the DPA could become a loophole for the elite and influential to escape criminal convictions, as it allows those involved to avoid publicly pleading guilty in court.
Azam previously said the DPA would be introduced through amendments to the MACC Act 2009, expected to be tabled in Parliament by mid-next year.
He said that under the DPA, the business entities involved would be required to fulfil several conditions, including returning misappropriated funds or assets, paying penalties or fines, and complying with conditions set by enforcement authorities and the Attorney-General's Chambers.