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Separation of the Office of the Attorney General and Director of Public Prosecution (DPP)

By:

G25 Malaysia

Affiliations:

G25 Malaysia

Policy Code:

3c Judiciary Reform

Problem Statement:

The AG currently performs two roles as public prosecutor and as legal adviser to the government. This practice has created problems of accountability and hindered prosecution of corruptions cases involving Ministers and government officials.

Value(s) and Belief(s):

Good governance calls for the separation of the two roles which will result in greater confidence in the criminal justice system. It avoids conflict of interest and the suspicion or perception of political interference with regard to the AG’s prosecutorial function.

Proposal of Solution:

Article 145 of the Federal Constitution and Article 376 of the Criminal Procedures Code would need to be amended to redefine the functions of the Attorney General, and to establish the separate independent office of the Director of Public Prosecution (DPP).

Additional Information:

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Translation

Isu dan Polisi Semasa:

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Nilai-nilai dan Kepercayaan:

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Penyelesaian:

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Informasi Tambahan:

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