Drug offenders no longer entitled to plea bargaining, probation

Persons accused of drug crimes are now banned from availing themselves of the provision on plea bargaining, and once convicted in court they will lose the privilege granted by the probation law, Sen. Renato Cayetano said yesterday.

Under the new Dangerous Drugs Law or Republic Act 9165, all drug convicts are now prohibited from availing of the benefits of probation.

"In the past, many drug offenders resorted to plea bargaining and abused the probation law to avoid serving time in prison," the senator said.

Cayetano disclosed that previously, many accused pushers facing 12 to 30 years in prison simply pleaded guilty to a less grave drug offense punishable by six years in prison or less and after conviction, they simply sought probation.

"So we actually had cases wherein convicted pushers were able to go scot-free and able to ply their nefarious trade the following day," Cayetano said.

"The new Dangerous Drugs Law has put an end to this anomaly. Pushers can no longer avail of plea bargaining for the purpose of probation," he added.

Section 23 of RA 9165 provides that: "Any person accused of any drug offense regardless of the impossible penalty shall not be allowed to avail of the provision on plea bargaining."

Section 24 declares that: "Any person convicted of drug trafficking or pushing, regardless of the penalty imposed by the court, cannot avail of the privilege granted by the Probation Law."

Cayetano said in the past, plea bargaining for the purpose of availing of probation had been a major source of collusion between prosecutors and defense lawyers in drug cases and also of corruption.

The senator expressed confidence that the provisions of the new law will put more pushers behind bars and make homes and streets safer from drug-related crimes.