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Graft suspects who return money can enter plea bargain — Haji
25 October 2019 - 00:00
Director of Public Prosecutions Noordin Haji has asked leaders and civil servants facing corruption allegations to return the stolen money threefold or face the consequences.
Haji revealed that the move is in line with the bare minimum on corruption cases against elected leaders and civil servants as regards plea bargaining.
“Money that was stolen must be returned and we will insist that it must be three times of what was stolen in the plea bargaining application,” Haji said.
Addressing journalists in Siaya on Wednesday, Haji said elected leaders facing corruption cases and are not willing to return the money will have to face the law.
“The Constitution is very clear that any civil servant or elected leader in the office if imprisoned for more than six months must leave the office and that includes the governors facing corruption cases,” the DPP said.
He said those who will come out before they are charged and are willing to return the money and apologise to wananchi will be considered in the plea bargaining.
At the moment, he said, no elected leaders or civil servant embroiled in the corruption case has applied for a plea bargain.
Four types of crime cannot be negotiated, including sexual offences, a crime against humanity among others, Haji said.
“Any other crime, we can enter into plea bargaining but with our bare minimums on the table," he said.
The DPP said plea bargaining will be an important tool in the fight against corruption and other crimes "but nobody will go scot-free".
THREE TIMES MORE
Graft suspects who return money can enter plea bargain — Haji
DPP says leaders charged with corruption should return money threefold or face law
In Summary
• DPP Haji says four types of crime cannot be negotiated for plea bargaining, economic crimes not among them.
• He encourages plea bargain to reduce case backlog and expedite trials.
On Tuesday, the DPP called for the full roll-out of plea bargaining as a tool for decongesting the criminal justice system.
Plea bargaining is a negotiated arrangement in which an accused person agrees to enter a guilty plea in return for some concession from the prosecutor.
This may mean the defendant pleading guilty to a less serious charge or one of several charges in return for the dismissal of the other charges.
It may also mean the defendant pleading guilty to the original criminal charge in return for a more lenient sentence.
Haji said the arrangement has existed in the country's criminal justice system for a long time "in theory yet its applicability has been poorly utilised".
www.the-star.co.ke
25 October 2019 - 00:00
Director of Public Prosecutions Noordin Haji has asked leaders and civil servants facing corruption allegations to return the stolen money threefold or face the consequences.
Haji revealed that the move is in line with the bare minimum on corruption cases against elected leaders and civil servants as regards plea bargaining.
“Money that was stolen must be returned and we will insist that it must be three times of what was stolen in the plea bargaining application,” Haji said.
Addressing journalists in Siaya on Wednesday, Haji said elected leaders facing corruption cases and are not willing to return the money will have to face the law.
“The Constitution is very clear that any civil servant or elected leader in the office if imprisoned for more than six months must leave the office and that includes the governors facing corruption cases,” the DPP said.
He said those who will come out before they are charged and are willing to return the money and apologise to wananchi will be considered in the plea bargaining.
At the moment, he said, no elected leaders or civil servant embroiled in the corruption case has applied for a plea bargain.
Four types of crime cannot be negotiated, including sexual offences, a crime against humanity among others, Haji said.
“Any other crime, we can enter into plea bargaining but with our bare minimums on the table," he said.
The DPP said plea bargaining will be an important tool in the fight against corruption and other crimes "but nobody will go scot-free".
THREE TIMES MORE
Graft suspects who return money can enter plea bargain — Haji
DPP says leaders charged with corruption should return money threefold or face law
In Summary
• DPP Haji says four types of crime cannot be negotiated for plea bargaining, economic crimes not among them.
• He encourages plea bargain to reduce case backlog and expedite trials.
On Tuesday, the DPP called for the full roll-out of plea bargaining as a tool for decongesting the criminal justice system.
Plea bargaining is a negotiated arrangement in which an accused person agrees to enter a guilty plea in return for some concession from the prosecutor.
This may mean the defendant pleading guilty to a less serious charge or one of several charges in return for the dismissal of the other charges.
It may also mean the defendant pleading guilty to the original criminal charge in return for a more lenient sentence.
Haji said the arrangement has existed in the country's criminal justice system for a long time "in theory yet its applicability has been poorly utilised".
Graft suspects who return money can enter plea bargain — Haji
DPP says leaders charged with corruption should return money threefold or face law.
www.the-star.co.ke
