Malaysia legislation
Section 2
of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2010 (PINDAAN) 2012
Seksyen 2
Akta Kanun Tatacara Jenayah (Pindaan) 2010, yang disebut
“Akta ibu” dalam Akta ini, dipinda dalam seksyen 2 seperti yang berikut:
(a)
dalam seksyen 172a—
(i)
dengan menggantikan subseksyen (1) dengan subseksyen yang berikut:
“(1) An accused who is charged with an offence and claims to be tried shall, by an advocate representing him, participate in a pre-trial conference with the prosecution before the commencement of the case management.”; dan 4
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(ii)
dalam subseksyen (3), (4) dan (5), dengan menggantikan perkataan “Public Prosecutor” dan
“prosecutor” di mana-mana jua terdapat dengan perkataan “prosecution”;
(b)
dengan menggantikan seksyen 172b dengan seksyen yang berikut:
“Case management 172b. (1) A Magistrate, Sessions Court Judge or
Judge of the High Court, as the case may be, shall commence a case management process within sixty days from the date of the accused being charged and claims to be tried.
(2)
At the case management, the Magistrate, Sessions
Court Judge or Judge shall—
(i)
take into consideration all matters that have been considered and agreed to by the accused and his advocate and the prosecution during the pre-trial conference; and where a plea bargaining has been agreed between the accused and his advocate and the prosecution during the pre-trial conference, the Magistrate or the
Sessions Court Judge or the Judge trying the case shall decide on the voluntariness of the accused in the plea bargaining according to the provisions of section 172c;
(ii)
where no pre-trial conference has been held on the ground that the accused is unrepresented, discuss with the accused and the prosecution any matter which would have been considered under section 172a;
(iii)
assist an accused who is unrepresented to appoint an advocate to represent the accused;
(iv)
determine the duration of the trial;
(v)
subject to subsection (3), fix a date for the commencement of the trial;
Akta Kanun Tatacara Jenayah (Pindaan)
2010 (Pindaan)
(vi)
subject to the consent of the accused and his advocate, and the prosecution, admit any exhibits; and
(vii)
give directions on any other matter as will promote a fair and expeditious trial.
(3)
A subsequent case management, if necessary, may be held not less than two weeks before the commencement of the trial.
(4)
The trial shall commence not later than ninety days from the date of the accused being charged.
(5)
Notwithstanding subsections (1) and (4), a failure for the case management or the trial to commence according to the time period specified in the subsections shall not—
(a)
render the charge or prosecution against the accused as defective or invalid; or
(b)
be considered as a ground for appeal, review or revision.
(6)
Notwithstanding the provisions of the Evidence
Act 1950, all matters that have been reduced into writing and duly signed by the accused, his advocate and the prosecution under subsection 172a(5) shall be admissible in evidence at the trial of the accused.”;
(c)
dalam subseksyen 172c(1), dengan memasukkan selepas perkataan “charged with an offence” perkataan “and claims to be tried”;
(d)
dalam seksyen 172d—
(i)
dengan menggantikan subperenggan (1)(c)(ii) dengan subperenggan yang berikut:
“(ii) subject to subsections (2) and (3), sentence the accused to not more than half of the maximum punishment of imprisonment provided under the law for the offence for which the accused has been convicted.”; dan 6
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(ii)
dengan menggantikan subseksyen (3) dengan subseksyen yang berikut:
“(3) Subparagraph (1)(c)(ii) shall not apply where—
(a)
in the case of a serious offence, the accused has a previous conviction for a related or same offence; or
(b)
where the offence for which the accused is charged with falls within the following:
(i)
an offence for which the punishment provided under the law is fine only;
(ii)
an offence for which the punishment provided under the law is imprisonment for natural life;
(iii)
any sexual related offence;
(iv)
any offence committed against a child who is below twelve years of age; or
(v)
any other offence as may be specified by the Public
Prosecutor by order published in the Gazette.”; dan
(iii)
dengan memasukkan selepas subseksyen (3)
subseksyen yang berikut:
“(4) For the purpose of paragraph (3)(a),
“serious offence” means an offence where the maximum term of imprisonment that can
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be imposed is not less than ten years, and includes any attempt or abetment to commit such offence.”; dan
(e)
dengan memasukkan selepas seksyen 172f seksyen yang berikut:
“Subparagraph 172d(1)(c)(ii) to be applicable to accused who pleads guilty 172g. Where an accused pleads guilty at any time before the commencement of his trial, the Court shall sentence the accused in accordance with subparagraph 172d(1)(c)(ii).”.
Pindaan seksyen 3