MACC Chief Urges Swift DPA Law to Boost Asset Recovery in Corruption Cases
In a significant push to fortify Malaysia's legal arsenal against financial crimes, the Chief Commissioner of the Malaysian Anti-Corruption Commission...
In a significant push to fortify Malaysia's legal arsenal against financial crimes, the Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC), Tan Sri Azam Baki, has called for the expedited tabling of legislation for a Deferred Prosecution Agreement (DPA) mechanism. Speaking at a press conference in Putrajaya on January 15, Azam Baki revealed that the DPA framework is currently under final review at the Attorney General's Chambers, emphasizing its critical role in enhancing the country's asset recovery capabilities, particularly in corruption and money laundering cases.
Azam Baki articulated a sense of urgency, stating, "The DPA issue is currently at the Attorney General's level, which I believe is at the final stage. I really want this Act to be brought to Parliament as soon as possible, at the very least during the second session, to be tabled and decided upon by Members of Parliament." He underscored the necessity of this legislative move, noting that Malaysia requires a more effective method to reclaim assets from individuals and entities involved in criminal activities. "It is important because we need to move forward in having a better method of asset recovery from criminals," he added, highlighting the mechanism's potential to streamline and expedite the recovery process.
The DPA, as explained by Azam Baki, is a legal instrument that allows for the deferral of prosecution against offenders in exchange for a settlement agreement. This agreement typically includes terms such as asset restitution, compensation to victims, and penalties paid to the government. Importantly, Azam Baki clarified that the DPA applies exclusively to criminal offences and not to routine civil or administrative matters like tax collection. "It involves offences committed by parties out there that contravene the country's criminal laws, including corruption-related offences, money laundering and other crimes under the Royal Malaysia Police (PDRM), environmental laws and others," he specified, ensuring that the mechanism targets serious violations rather than ordinary business disputes.
To illustrate the practical application of a DPA, Azam Baki provided a detailed example involving environmental pollution. In such a scenario, a company found guilty of polluting a river would be required to undertake several corrective actions as part of the settlement. "For example, in a case involving environmental pollution, which is a criminal offence, if there is a DPA, one of the benefits is that the company concerned must first take responsibility to restore the affected river at its own cost. Second, they must compensate those who suffered injuries due to the pollution, and they must pay penalties to the government through a settlement agreed upon between the Attorney General and the offending party," he explained. This approach not only holds offenders accountable but also ensures that victims receive compensation and environmental damage is remediated, all while avoiding prolonged litigation.
Azam Baki further elaborated on the operational mechanics of the DPA, noting that it enables prosecution to be initiated but deferred once a settlement is reached. "This means prosecution can be carried out but deferred subject to certain settlements, which ultimately include asset recovery to be returned to the government," he said. This deferral aspect is crucial as it allows for a more flexible and efficient resolution of cases, potentially reducing the burden on the judicial system while ensuring that assets are recovered and returned to public coffers in a timely manner. The mechanism aligns with global best practices, where DPAs have been successfully used in jurisdictions like the United States and the United Kingdom to combat corporate crime and recover illicit gains.
The call for a DPA law comes at a time when Malaysia is intensifying its efforts to combat corruption and financial malfeasance. Asset recovery has been a key focus in recent years, with high-profile cases highlighting the challenges of reclaiming funds siphoned off through illicit means. Azam Baki's advocacy for the DPA reflects a strategic shift towards more proactive and collaborative approaches in law enforcement, where settlements can facilitate quicker restitution and deterrence without the delays often associated with full-scale trials.
In addition to discussing the DPA, Azam Baki addressed ongoing investigations, including a probe involving a former minister. He confirmed that the investigation is still in progress and requires additional time to complete, stating, "The case is still ongoing, and my officers need a..." This brief mention underscores the MACC's active engagement in multiple fronts, balancing immediate investigative duties with long-term legislative advocacy to strengthen anti-corruption frameworks.
The proposed DPA legislation, if enacted, could mark a significant milestone in Malaysia's legal landscape. By providing a structured pathway for settlements, it offers a pragmatic tool to enhance accountability and recovery in complex criminal cases. As Azam Baki concluded his remarks, the emphasis remained on the need for swift parliamentary action to realize these benefits, positioning the DPA as a vital component in the nation's broader strategy to uphold integrity and justice in economic and environmental domains.
