This essay will explain the status and roles of Deputy Public Prosecutors (DPPs) within the Malaysian legal system. The office of the Public Prosecutor (PP) holds significant power in the administration of criminal justice in Malaysia. Due to the wide scope of these responsibilities, the PP is assisted by DPPs. This essay will first identify who DPPs are by examining their appointment and legal standing, before explaining the various functions they perform on behalf of the Public Prosecutor.
The Appointment and Status of Deputy Public Prosecutors
In Malaysia, the office of the Public Prosecutor is linked to the Attorney General. Article 145(1) of the Federal Constitution provides that the Attorney General is appointed by the Yang di-Pertuan Agong on the Prime Minister's advice. The Attorney General also serves as the Public Prosecutor, as confirmed by section 376(1) of the Criminal Procedure Code (CPC). This concentration of power means the PP has ultimate control and direction over all criminal prosecutions.
Given the breadth of this responsibility, it is not practical for the PP to handle every criminal case personally. Therefore, the law provides for the delegation of these powers. Section 376(3) of the CPC empowers the Public Prosecutor to appoint "fit and proper persons to be Deputy Public Prosecutors". These individuals must be legally qualified, and are typically officers of the Malaysian Judicial and Legal Service.
Once appointed, a DPP is under the general control and direction of the PP. Crucially, section 376(3) of the CPC also states that a DPP "may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor". This means that when a DPP acts, they are acting with the full authority of the Public Prosecutor. Their actions are considered the actions of the PP, and they represent the state in criminal matters.
The Roles and Functions of Deputy Public Prosecutors
The primary role of a DPP is to exercise the prosecutorial discretion granted to the Public Prosecutor under Article 145(3) of the Federal Constitution. This article gives the PP the power "to institute, conduct or discontinue any proceedings for an offence". This power is vast and, as established in cases like Long bin Samat v Public Prosecutor [1974] 2 MLJ 152, is not subject to review by the courts. DPPs carry out this constitutional function daily in several key ways.
First, DPPs are responsible for conducting prosecutions in court. They appear on behalf of the prosecution in the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and Federal Court. Their role involves presenting the prosecution's case, leading evidence through witnesses, cross-examining defence witnesses, and submitting arguments on points of law and on the guilt of the accused.
Second, DPPs play a crucial advisory role before a case reaches court. They work closely with law enforcement and other investigation agencies, such as the Royal Malaysia Police (PDRM) and the Malaysian Anti-Corruption Commission (MACC). When an investigation is completed, the investigation papers are sent to the DPP, who will review the evidence gathered. The DPP then decides whether there is sufficient credible evidence to charge a person with a crime. If the evidence is insufficient, the DPP may direct the investigators to conduct further investigations or decide that no further action should be taken.
Third, DPPs handle the discontinuance of proceedings. This power, also from Article 145(3), allows a DPP to withdraw a charge against an accused person at any stage of the trial before judgment. This is an important part of their function, used when new evidence emerges or when it is determined that continuing the prosecution is no longer in the public interest.
Finally, DPPs are involved in the appellate process. If an accused person is acquitted by a lower court, the DPP may advise the Public Prosecutor to file an appeal to a higher court. Conversely, if an accused person is convicted and appeals against their conviction or sentence, it is the DPP's duty to appear in the appellate court and argue on behalf of the prosecution to uphold the lower court's decision.
In conclusion, Deputy Public Prosecutors are legally qualified officers appointed by the Public Prosecutor to exercise his constitutional and statutory powers. They are the public face of the prosecution service and are essential to the functioning of the criminal justice system in Malaysia. Their roles are diverse, ranging from advising investigators and deciding whether to press charges, to conducting trials in court and handling appeals. They wield significant discretionary power on behalf of the state in the pursuit of justice.
References
Long bin Samat v Public Prosecutor [1974] 2 MLJ 152.
Malaysia. (1957) Federal Constitution.
Malaysia. (1997) Criminal Procedure Code (Act 593).
