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Prosecution Division

  • 1. After an investigation had been conducted, why was the case that I reported was NFA (no further action) or the suspect was not charged in court? Can I appeal against such decision of the Public Prosecutor? If I can, to whom can I forward my appeal to?
    Decisions on cases investigated by the police or any other law enforcement agency will depend solely on the available evidence. If there is credible evidence that corroborates the complainant’s allegation, then the suspect involved may be prosecuted in court. On the other hand, if the evidence shows otherwise, then no prosecution will be instituted. This is based on the basic principle relating to the institution of prosecution whereby it rests solely on the evidence. There are several factors that lead to the decision to NFA a particular case. Among others are the lack of evidence to prove the case, the non-availability of important witnesses, the suspect cannot be traced, etc. The decision of the Public Prosecutor with regards to the decision made against a report lodged may be appealed against by the complainant. However, the decision to accept the appeal is vested solely in the Public Prosecutor. This is clearly spelt out in Article 145(3) of the Federal Constitution where the power to institute criminal prosecution is vested with the Public Prosecutor. Although the powers are vested in the Public Prosecutor, the complainant can still appeal to the Public Prosecutor against his decision to NFA or to charge the suspect, especially when there is new evidence that can corroborate his allegation and hence changing the decision of the Public Prosecutor. A written appeal may be forwarded to the Prosecution Division, Attorney General’s Chambers, either through the State Prosecution Unit or direct to the Headquarters in Putrajaya.
  • 2. Can I withdraw the police report that I had lodged?
    A police report cannot be withdrawn. However, a complainant may make a written application so that no action is taken against the report lodged. Although the complainant may make such an application, the final decision is still vested in the Public Prosecutor. The Public Prosecutor has the power to allow or reject the application and the decision is based on the facts and circumstances of each case.
  • 3. To whom can I report if the police did not take my statement or no action has been taken with regard to a police report that I’ve lodged?
    If a police report was lodged and the police failed to record the complainant’s statement or no action has been taken, the complainant can complain to the respective officer in charge of the police station (OCS/OCPD) by making a written complaint. Such a written complaint should also be copied to the Prosecution Division of the Attorney General’s Chambers. A written complaint can also be made directly to the Prosecution Division, Attorney General’s Chambers (be it to the State Prosecution Units or to the Headquarters in Putrajaya) whereby the Division will take action to obtain the necessary response from the police with regard to the report lodged. According to subsection 107A(1) of the Criminal Procedure Code (CPC), a complainant may request for a report on the status of the investigation of the offence complained of in his report from the officer in charge of a police station (OCPD/OCS) where he lodged the complaint. The OCPD/OCS shall give a status report on the investigation of such offence to the complainant not later than two weeks from the receipt of the request made. The provision of subsection 107(2) shall not be applicable unless: 1. the offence complained of is a seizable offence; 2. a period of four weeks has lapsed from the date the report was lodged; 3. and the report on the status of investigation contains any matter that is likely to adversely affect the investigation into the offence or the prosecution of the offence. When all the above criteria are fulfilled and the OCPD/OCS fails to furnish the complainant with a status report within the period specified by law, the complainant may make a report to the Public Prosecutor of the failure.