PUTRAJAYA: Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki is calling for the proposed Deferred Prosecution Agreement (DPA) mechanism to be expedited, expressing hope that it can be tabled in the Dewan Rakyat this year.
He said the proposed mechanism, which is currently at the Attorney-General’s Chambers for its final stage, is important to ensure the country has a more effective method for asset recovery from criminals.
“We need to move forward in having a better method for asset recovery from criminals,” Azam said, adding that asset recovery under the DPA framework involves criminal offences and not ordinary business matters such as tax collection.
He said offences covered under a DPA involve actions that contravene the country’s criminal laws, citing environmental pollution as an example of a criminal offence.
Azam said one of the key advantages of a DPA is that companies involved in such offences would be held accountable for remediation and compensation.
“If there is a DPA, among its benefits is that the company involved must first take responsibility to restore the affected river at its own cost,” he said.
He added that companies would also be required to compensate victims who suffered injuries as a result of the offence, in addition to paying penalties to the government based on a settlement agreed upon between the Attorney-General’s Chambers and the offending party.
Azam said a DPA allows prosecution to be initiated but deferred subject to certain conditions, enabling asset recovery to ultimately be returned to the government.
He had previously proposed the DPA mechanism to resolve high-value corruption cases involving RM100 million and above without full court trials.
The proposal would allow “mega” corruption cases involving corporate entities and individuals to be settled through negotiated penalties and remedial actions, subject to strict compliance.
Azam emphasised that the DPA would not apply to ordinary corruption or misappropriation cases, but only to those involving exceptionally large sums or substantial losses to the country.
He added that the framework must be expedited to prevent major cases from dragging on for years, causing prolonged losses to the government.
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