The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case

The Public Prosecutor makes the final decision whether an offender should be charged with an offence. Article 145(3) of the Malaysian Federal Constitution states clearly stipulates that the Attorney General has the power to institute, conduct or discontinue any proceedings for an offence in any cour...

Full description

Bibliographic Details
Main Authors:	Kamarudin, Abdul Rani, Mohd. Dahlan, Nuarrual Hilal
Format:	Conference or Workshop Item
Language:	English
Published:	2011
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/8047/ http://irep.iium.edu.my/8047/1/done_-_2011_-_The_amended_role_of_the_public_prosecutor_to_resolve_with_an_accused_person_in_expediting_the_disposal_of_case.pdf

id	iium-8047
recordtype	eprints
spelling	iium-80472012-12-14T05:53:56Z http://irep.iium.edu.my/8047/ The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case Kamarudin, Abdul Rani Mohd. Dahlan, Nuarrual Hilal K Law (General) KPG Malaysia The Public Prosecutor makes the final decision whether an offender should be charged with an offence. Article 145(3) of the Malaysian Federal Constitution states clearly stipulates that the Attorney General has the power to institute, conduct or discontinue any proceedings for an offence in any court other than the Syariah Court, Native Court and the Court-Martial. Section 376(1) and (2) of the Malaysian Criminal Procedure Code (hereinafter referred to as the CPC) clarify by stating that the Attorney General, who will be the Public Prosecutor, will have the control and direction of all criminal prosecutions and proceedings under the Code. It is plain and clear from decided cases that the Public Prosecutor determines if any person is to be prosecuted of any offence. It is only right to charge a suspect when the evidence from the police investigation discloses a prima facie case. At the close of the defence which may also be said to be the conclusion of the trial, the prosecution bears legal burden to prove beyond all reasonable doubt that the accused did the offence, or the charge is not proven. This criminal standard of proof required of the prosecution to prove their case beyond all reasonable doubt against the accused is not without hurdles, and can be very time consuming. Accordingly, it makes sense for the prosecution to secure a conviction on a reduced charge by mediating with the accused to plead guilty on a lesser offence, and upon the accused doing so, to withdraw the charge against the accused for the serious offence (felony). In 2010, an amendment was made to the CPC vide the Criminal Procedure Code (Amendment) Act 2010 with its objects among others to address problems of backlog of cases in the criminal courts and towards encouraging the expeditious disposal of criminal cases. The amendment provides that the Public prosecutor need to indulge in pretrial conference, case management and plea bargaining with the accused. This paper thus looks at these amendments and how they have affected the Public Prosecutor from a reactive to proactive role in resolving with an accused person to expedite the disposal of case in accordance with both human rights and humanitarian laws. 2011 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/8047/1/done_-_2011_-_The_amended_role_of_the_public_prosecutor_to_resolve_with_an_accused_person_in_expediting_the_disposal_of_case.pdf Kamarudin, Abdul Rani and Mohd. Dahlan, Nuarrual Hilal (2011) The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case. In: The 6th UUM International Legal Conference 2011 (ILC2011), 19-20 November 2011, Baywiew Beach Resort, Penang.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Kamarudin, Abdul Rani Mohd. Dahlan, Nuarrual Hilal The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
description	The Public Prosecutor makes the final decision whether an offender should be charged with an offence. Article 145(3) of the Malaysian Federal Constitution states clearly stipulates that the Attorney General has the power to institute, conduct or discontinue any proceedings for an offence in any court other than the Syariah Court, Native Court and the Court-Martial. Section 376(1) and (2) of the Malaysian Criminal Procedure Code (hereinafter referred to as the CPC) clarify by stating that the Attorney General, who will be the Public Prosecutor, will have the control and direction of all criminal prosecutions and proceedings under the Code. It is plain and clear from decided cases that the Public Prosecutor determines if any person is to be prosecuted of any offence. It is only right to charge a suspect when the evidence from the police investigation discloses a prima facie case. At the close of the defence which may also be said to be the conclusion of the trial, the prosecution bears legal burden to prove beyond all reasonable doubt that the accused did the offence, or the charge is not proven. This criminal standard of proof required of the prosecution to prove their case beyond all reasonable doubt against the accused is not without hurdles, and can be very time consuming. Accordingly, it makes sense for the prosecution to secure a conviction on a reduced charge by mediating with the accused to plead guilty on a lesser offence, and upon the accused doing so, to withdraw the charge against the accused for the serious offence (felony). In 2010, an amendment was made to the CPC vide the Criminal Procedure Code (Amendment) Act 2010 with its objects among others to address problems of backlog of cases in the criminal courts and towards encouraging the expeditious disposal of criminal cases. The amendment provides that the Public prosecutor need to indulge in pretrial conference, case management and plea bargaining with the accused. This paper thus looks at these amendments and how they have affected the Public Prosecutor from a reactive to proactive role in resolving with an accused person to expedite the disposal of case in accordance with both human rights and humanitarian laws.
format	Conference or Workshop Item
author	Kamarudin, Abdul Rani Mohd. Dahlan, Nuarrual Hilal
author_facet	Kamarudin, Abdul Rani Mohd. Dahlan, Nuarrual Hilal
author_sort	Kamarudin, Abdul Rani
title	The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
title_short	The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
title_full	The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
title_fullStr	The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
title_full_unstemmed	The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
title_sort	amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case
publishDate	2011
url	http://irep.iium.edu.my/8047/ http://irep.iium.edu.my/8047/1/done_-_2011_-_The_amended_role_of_the_public_prosecutor_to_resolve_with_an_accused_person_in_expediting_the_disposal_of_case.pdf
first_indexed	2023-09-18T20:17:40Z
last_indexed	2023-09-18T20:17:40Z
_version_	1777407895931977728

The amended role of the public prosecutor to resolve with an accused person in expediting the disposal of case

Similar Items