MACC pushes for deferred prosecution agreements to strengthen asset recovery
KUALA LUMPUR: The Malaysian Anti-Corruption Commission is hoping to use the proposed deferred prosecution agreements by the middle of next year to recover billions of ringgit stolen from the country.
MACC Chief Commissioner Tan Sri Azam Baki said a proposed bill on the DPA will be presented to the Special Cabinet Committee on National Governance chaired by Prime Minister Datuk Seri Anwar Ibrahim.
He said he hoped the bill would be tabled during Parliament's first sitting in 2026, in time to be used by midyear.
"DPAs have been used by many developed countries, such as the US (United States) and the UK (United Kingdom), where the prosecution is deferred, assets recovered, and conditions applied to the organisation involved, by authorities and the Attorney-General's Chambers (A-GC), to which they must comply," he said during the MACC Executive Talk attended by media chiefs earlier today.
Azam said such legislation was urgently needed due to the "changing times".
He said DPAs would not be used for petty crimes, but rather for significant cases involving grand corruption and corporate liability.
He said the DPA mechanism would allow the government to swiftly recoup embezzled public funds, potentially recovering up to RM40 billion.
Azam added that DPAs could help avoid protracted court cases while still holding perpetrators accountable.
"The legal practice is focused on deterrence. It is not about 'collecting taxes'... it's about a person or organisation who committed crimes," he said, adding that those behind corruption would not be allowed to walk free merely by returning the stolen funds.
In October last year, Azam had said the commission was studying the implementation of the DPA to tackle large-scale corporate corruption cases.
He had said the MACC was discussing its potential implementation with the A-GC, but the framework will be tailored to suit Malaysia's legal and regulatory environment.
Prior to that, in June 2024, Azam had said that DPAs were only one of several improvements the MACC was looking into for amendments for the MACC Act.
Keywords: Crime Law News Parliament Malaysia Corruption Reform Nst Legislation Macc Stolen Graft Dpa Malaysia News Tan Sri Azam Baki
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