WHITHER THE LEGAL PROTECTION FOR CRIME VICTIMS IN THE NEGOTIATED JUSTICE PROCESS?

The increasing burden of criminal courts in Malaysia in handling the backlog of criminal cases has led to the introduction of the plea-bargaining process, which enables the prosecutor to negotiate reduced charges or sentences with the accused in exchange for the latter's cooperation and plea of guilty. Also, such process is envisaged to act as a filter of cases in the pre-trial stage and to promote an efficient delivery of procedural and negotiated justice to the accused person. However, the said process seems to neglect the interests of the victims of crimes who are not parties to the process. Besides, both the prosecutors and the courts are mainly concerned with the swift case management and seem to disregard the victim's interests. Hence, this paper aims at analysing the legal position of plea bargaining and the procedural protection afforded to victims of crimes. And secondly, to propose for reform on the statutory provision to protect the interest of the victim of crime. This article employs a doctrinal analysis and secondary data from the Criminal Procedure Code (CPC), law reports, academic journals, books, and online databases. The authors contend that the legal protection under the CPC for victims of crimes in the plea-bargaining process is rather non-existent. However, such a situation could be reformed through the restorative justice approach that seeks to restore the harm to the victim via reparation, offender responsibility, and communities of care. (c) 2018 Published by Future Academy www.FutureAcademy.org.UK