Malaysia legislation
Section 172C
Section 172C
(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.
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(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.
(6)
If the Court is of the opinion that the application is made involuntarily by the accused, the Court shall dismiss the application and the case shall proceed before another Court in accordance with the provisions of the Code.
(7)
Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor, the satisfactory disposition shall be put into writing and signed by the accused, his advocate if the accused is represented, and the Public Prosecutor, and the Court shall give effect to the satisfactory disposition as agreed upon by the accused and the Public Prosecutor.
(8)
In the event that no satisfactory disposition has been agreed upon by the accused and the Public Prosecutor under this section, the
Court shall record such observation and the case shall proceed before another Court in accordance with the provisions of the Code.
(9)
In working out a satisfactory disposition of the case under subsection (5), it is the duty of the Court to ensure that the plea bargaining process is completed voluntarily by the parties participating in the plea bargaining process.
Disposal of the case