Methods of resolving criminal dispute without a trial: Options for an accused
In the Malaysian criminal justice system, upon a charge is read to an accused, he may claim a trial, or plead guilty at an early stage of a criminal proceeding or applies for plea bargaining. A trial is not necessary if the accused plead guilty or applies for plea bargaining. It is undeniable tha...
| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/57284/ http://irep.iium.edu.my/57284/ http://irep.iium.edu.my/57284/1/57284.pdf |
| Summary: | In the Malaysian criminal justice system, upon a charge is read to an accused, he may
claim a trial, or plead guilty at an early stage of a criminal proceeding or applies for
plea bargaining. A trial is not necessary if the accused plead guilty or applies for plea
bargaining. It is undeniable that regardless of a criminal case is resolved through trial, or
without trial, if the accused is found guilty of an offence and convicted, he will be punished
accordingly. However, a sentence is lighter if the accused pleads guilty or applies for plea
bargaining at an early stage of a criminal proceeding than convicted after the full trial.
Meanwhile, under the auspice of restorative justice, a criminal case can also be resolved
by way of victim-offender mediation, family group conferencing, and sentencing circle
depend on the nature of a criminal case and the parties. The United Nation and the
European Union recognise and encourage state members to adopt restorative justice as
part of the criminal justice system. While other countries such as New Zealand, Sweden
and the United Kingdom have legalised the restorative justice process and implemented
it in the criminal justice system, Malaysia still silences on this. Definitely there are
advantages in the restorative justice since it is accepted internationally and practiced
in some countries. Therefore, this paper aims to examine resolution of a criminal case
without a trial in Malaysia and identify its weaknesses if any. It also aims of this paper to
analyse the restorative justice processes, and its implementation in other countries. It is
recommended that Malaysia shall recognise other modes of criminal dispute resolution
so that the accused can have more options to settle the criminal case without a trial which
can meet his need and interest. The research utilises the doctrinal legal research based on
analysis of primary and secondary sources such as statutes, case law, books, and journal
articles. |
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