PUTRAJAYA, Oct 1 — The federal government’s Special Cabinet Committee on National Governance has agreed to table the Deferred Prosecution Agreement (DPA) framework amendment, marking a step forward in Malaysian Anti-Corruption Commission’s (MACC) ongoing modernisation and reform drive.
Chief Commissioner Tan Sri Azam Baki said the proposed legislation change, backed by Prime Minister Datuk Seri Anwar Ibrahim who chairs the committee, is slated to be tabled during Parliament’s first sitting next year.
Originating in the United States, a DPA is a deal in which prosecutors suspend charges against a corporation or individual in exchange for an admission of wrongdoing, payment of penalties, and implementation of reforms, with the case dropped upon compliance.
“Beyond the US, the framework has also been adopted in the United Kingdom and other countries, ensuring that financial responsibility for white-collar crimes falls solely on the offenders rather than the federal government.
“For instance, if a river pollution incident occurs, a DPA would require the company found liable to bear full responsibility for clean-up and compensation to affected communities, failing which prosecution would resume,” he said during a special interview with media in conjunction with MACC’s 58th anniversary here.
Azam said the DPA was necessitated by changing times, with the MACC needing to be more dynamic by adopting approaches already implemented in other countries’ anti-corruption enforcement.
“The DPA would also allow the substantive recovery of assets in significant corruption cases involving public figures and large corporations.
“With our current strength, we are continually exploring alternatives beyond prosecution to help the country recover stolen assets.
“We cannot remain stagnant, we need to have new methods that are suited to the current times,” he said.
Apart from the DPA, Azam said MACC enforcers are continually equipped with the latest forensic investigation training to detect and trace corruption that is now becoming more sophisticated and complicated.
This includes engagements with professional groups and other enforcers from overseas through expertise sharing to enhance competency and professionalism, spearheaded by the Malaysia Anti-Corruption Academy (MACA).
“It is pointless to increase my officers’ manpower if we fail to change our approach,” he said.
