PETALING JAYA: A deferred prosecution agreement (DPA) comes with many benefits, but its processes must be clearly defined, transparent, and free from executive interference, say experts.
The Malaysian Anti-Corruption Commission has proposed implementing the DPA in financial crime cases involving organisations.
“The DPA is an efficient way to keep the company running, publicly reprimand the parties responsible, and ensure through close scrutiny the implementation of sincere and proper anti-corruption policies. However, the DPA should not be misconstrued as an escape from punishment or just a slap on the wrist for corruption; a proper DPA ought to encompass a public reprimand, a confession from the guilty parties, an agreement for a turnaround plan, and an oversight and audit procedure for a few years, he said.
He said that implementation of a DPA Bill must provide clear guidelines on how similar offences will be treated when involving government-linked companies , government-linked investment companies , societies, foundations, and statutory bodies.“If it is implemented and companies continue to use the representation letter route to have their charges lowered, dropped or obtain discharges not amounting to acquittals, then the DPA will be pointless.
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