SCHOOL OF SOCIAL SCIENCE

(SOSS)

METHODOLOGY OF DA’WAH
(DEM1233)

LEGAL PROFESSIONAL (PROSECUTOR)

Prepared by:

Name Matric no.

Muhammad Zulhilmi Akram DEM203003
Nur Aisha Madiha DEM203001
Nurfatin Nabila Mazlan DSI191019

PREPARED FOR:

AHMAD HOSNI BIN MUBARA

DATE OF SUBMISSION:

17 AUGUST 2021 (TUESDAY)

TABLE OF CONTENTS

Particulars Page

BACKGROUND / INTRODUCTION / HISTORY OF 2

PROSECUTOR

AIM AND PURPOSE OF THE PROSECUTOR 3-4

NATURE OF WORK PROSECUTOR 5

PROVISION IN ANY STATUTES TO BE PROSECUTOR 6-7

TYPES OF PROSECUTORS 8-9

REQUIREMENT OF THE PROSECUTOR 10-11

CONTRIBUTION OF THE PROFESSION 13

PROSECUTOR

EXAMPLE OF THE PERSON / COMPANY / 14

ORGANIZATION INVOLVED IN THE PROSECUTOR

CONCLUSION / COMMENTS 15

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 BACKGROUND / INTRODUCTION / HISTORY OF PROSECUTOR

In countries with either a common law adversarial system or a civil law inquisitorial
system, a prosecutor is a legal representative of the prosecution. In a criminal trial, the
prosecution is the legal party in charge of presenting the case against a person accused of
breaching the law. In most cases, the prosecutor represents the government in the case against
the defendant. Prosecutors are usually attorneys with a law degree who are recognized as legal
experts by the court in which they will be representing society. When a suspect is identified and
charges must be filed, they become embroiled in a criminal case. They work for a government
office that has protections in place to guarantee that such an entity can successfully prosecute
government officials. Multiple offices occur in a single nation, particularly in federal
administrations when sovereignty has been divided or devolved in some form. Prosecutors are
subject to specific professional responsibility requirements in addition to those that apply to
other attorneys since they are supported by the state's power.
In the United States, for example, prosecutors must "provide prompt disclosure to the
defense of all evidence or information that tends to negate the accused's guilt or mitigates the
charge," according to Rule 3.8 of the ABA Model Rules of Professional Conduct. Although not
all states in the United States have adopted the model standards, the United States Supreme
Court and other appellate courts have held that such disclosure is needed. Appellate court
rulings, state or federal court regulations, and state or federal legislation are common sources of
ethical obligations placed on prosecutors.1

1
https://www.britannica.com/topic/prosecutor

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 AIMS AND PURPOSE OF THE PROSECUTORS

I. DEFEND JUSTICE AT ALL TIME

Justice is very important this is because by striving to get justice will be able to help
many people to regain the rights and dignity of those who have been taken and
tarnished because of untrue accusations against them and it is of course the duty of the public
prosecutor to always defend justice.

II. GIVING JUSTICE TO THE PERSECUTED

Demanding justice for the oppressed and innocent is very important because innocent
people have the right to demand justice to defend their dignity and it must have been the
prosecutor’s job to help the oppressed and innocent to get their rights.2

III. PROTECTING HUMAN RIGHT

Protecting the rights of fellow human beings is very important because by safeguarding
the rights of fellow human beings will be able to avoid various unwanted problems such as no
fights and killings of fellow human beings more harmony.

IV. ASCERTAIN WHETHER THE OKT IS GUILTY OR NOT BASED

2
https://mimirbook.com/ms/ce5f69a4ecd

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ON PRESCRIBED LAW

Prosecutors will ascertain whether OKT is guilty or not and whether he has violated the
prescribed law or not so that truth and justice can be upheld, and appropriate punishment can be
prescribed.

V. ENSURING APPROPRIATE PUNISHMENTS IN ACCORDANCE

WITH THE LAWS THAT HAVE BEEN ESTABLISHED

Prosecutors will also ensure that appropriate punishment will be meted out in accordance
with the law that has been laid down quite fair and the rights of the innocent can be upheld 3and
to provide awareness to the offenders so as not to repeat the same offense and always think of the
consequences to be faced on mistakes made.

NATURE OF WORK

3
https://mimirbook.com/ms/ce5f69a4ecd

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 Prosecutors work for local, state, and federal governments to prosecute criminal charges.
They may be involved in questioning witnesses, evaluating evidence, arguing their case in court,
or negotiating a plea with a suspect in criminal proceedings. A prosecutor is a government
official who oversees presenting evidence against defendants in a criminal court of justice.
Gathering required evidence for a trial by interviewing police officers, victims, witnesses, and
experts. Ordering lab reports, drafting lawsuit motions, and issuing subpoenas.

Prosecutor Responsibilities

1. Collaboration with police officers and judicial personnel.
2. Contacting criminal justice and law enforcement agencies.
3. Ensuring that criminals are punished fairly.
4. Identifying potential criminals.
5. Dealing with appeals.
6. Preparing criminal cases for trial and pre-trail proceedings.

To be a successful prosecutor, you must have strong reasoning skills, a grasp of the needs of
the community, and exceptional public speaking skills. Finally, a top-tier prosecutor should be at
ease in the courtroom, have excellent communication skills, and have great research abilities.

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 PROVISION IN ANY STATUE

1. Draft the charges

PP v LKI Holidays Leisure Sdn. Bhd. [1998] 1 MLJ 315
The task of writing charges should not be taken lightly by prosecuting officers.
The belief that drafting charges are essentially a mechanical duty should be
abandoned. Prosecutors must be meticulous in following the provisions of a sections
152, 153 and 154 of the CPC, and should seek the guidance of the DPP from time to
time, particularly when it comes to the writing of less prevalent offences.
2. Ensure the case is registered in the correct court
PP v Tengku Hitam [1962] MLJ 414
Before presenting a case in court, the prosecution must first determine if the
highest penalty that the court can impose is sufficient. If it believes that such a
sentence is insufficient, the case should be taken to another court. A case should
normally be submitted before the court that has jurisdiction over it. For example, if
the prosecution believes that the insufficient, a case that is typically triable in
magistrate’s court should be brought in the sessions ‘court.
3. Disclose part errors OKT (if any)
Abdul Wahab v PP [1970] 2 MLJ 203
In a case like this, the prosecution should be ensuring that the accused in charged
in a legitimate court where he can be fairly and adequately dealt with, taking into
account the accused’s previous criminal record and history. The magistrate before
whom the charge is brought does not have the right to see a record of the accused’s
previous convictions until after the accused has been convicted, but if investigations
are conducted properly, the investigating officer and all those responsible for the
accused’s prosecution cannot be said not to have the right or knowledge.
4. Bring witnesses during the trial in court
Lyn Hong Yap v PP [1956] 22 MLJ 226
Want of consent under section 12 of the Prevention of Corruption Ordinance is
not an omission that can be cured by reason of s. 422 of the CPC. Difficulties of this
kind might arise in cases where a consent or sanction is required, could be avoided if

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the practice were adopted of accompanying every application for a summons or a
warrant of arrest with the consent or sanction in writing.

Duties of the prosecutor:

1. Know the facts of the case completely.

2. Know the relevant laws.
3. Able to relate the facts of the case to the relevant law.
4. Prepare charges based on the facts the case and relevant law.
5. Whether OKS is charged individually or jointly with other OKS or as an
accomplice or as a company.
6. In which court should OKS be charged.
7. Whether witnesses/permissions to prosecute have been obtained.
8. Write minutes, comments, and recommendations in the inquiry paper clearly,
accurately and in detail.
9. Prepare the case neatly.
10. Study the judge.

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 TYPES OF PROSECUTORS

I. PROSECUTORS

The prosecution is the legal party responsible for presenting the case in a criminal trial
against an individual accused of breaking the law. Typically, the prosecutor represents the
government in the case brought against the accused person.

II. SENIOR DEPUTY PUBLIC PROSECUTOR

Deputy Public Prosecutors and Assistant Public Prosecutors are appointed by the
Attorney General, to carry out prosecution and other duties related to criminal matters. The
deputy or assistant prosecuting attorney is responsible for planning, managing, and supervising
all activities of the prosecuting attorney's office.

III. DEPUTY PUBLIC PROSECUTOR

The prosecuting officer is known as the Deputy Public Prosecutor, also known as the
DPP the deputy or assistant prosecuting attorney is responsible for planning, managing and
supervising all activities of the prosecuting attorney's office. These legal professionals represent
local, state or federal governments in court proceedings.

IV. ASSISTANT PUBLIC PROSECUTOR

Deputy Public Prosecutor (DPP) and Assistant Public Prosecutor (APP) are appointed by
the Attorney-General, who is also the Public Prosecutor, to perform prosecutorial and other
duties in relation to criminal matters.4
REQUIREMENTS OF PROSECUTOR
4
https://mimirbook.com/ms/ce5f69a4ecd

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 I. GOOD AND FAIR REPUTATION PERSON

Prosecutors should be people of good reputation because they are the best role models to
defend the rights and dignity of the persecuted and innocent besides prosecutors should also be
fair people because they cannot be great on their side because the prosecutor must fair to get
evidence from both parties to get permission.

II. HONEST PERSON DOES NOT HIDE THE WEAKNESS OF THE CASE

Prosecutors must also be honest people, especially in giving statements, they also must
not hide the weaknesses in a case, they must be brave to tell the truth and justice so that the best
decision for a problem can be resolved smoothly

III. OBEY AND RESPECT THE COURT

The prosecutor must abide by the decisions that have been made and set by the judge in
addition, the prosecutor must also respect and follow the rules that have been set in the court
rather the trial can be conducted smoothly.5

IV. RESPONSIBILITY TO PROVIDE THE PERFECT SETUP

Prosecutors must provide complete preparation before the trial is held to avoid unwanted
problems so that the trial can run smoothly so the problem can be resolved and can facilitate the
judge to set a sentence for offenses based on the law.

V. OBEDIENT AND ABIDES BY THE DECISION OF THE COURT

5
https://mimirbook.com/ms/ce5f69a4ecd

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 The prosecutor should also abide by the ruling that the court has made to avoid any
unwanted problems. Prosecutors must also abide by the decisions made by the court to avoid
unwanted problems such as fights as well as committing offenses or negligence that cause the
guilty person not to get the punishment they deserve.

VI. HONEST, FAIR AND CONCRISE WENT GIVE ANY STATEMENT

Prosecutors must be honest and trustworthy in giving any statement so that the problem
being tried can be resolved and can uphold the truth and be able to claim the rights and save the
dignity of the innocent.

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 CONTRIBUTION OF THE PROFESSION PROSECUTOR

At the investigative stage, the prosecutor might play a key role in two ways. He may give
police advice during an investigation to ensure that evidence needed for a conviction is present
and that investigators have access mechanisms that the prosecutor controls, such as the grand
jury or petitions to the court for search warrants or electronic monitoring. The prosecutor may
also bear some responsibility for the legality of the investigation.
Prosecutors, on the other hand, must consider beyond the big case. Several workshop participants
stated that chief prosecutors must be able to focus on all the things under their authority that have
significant societal and community implications. This goal necessitates attention to not only
individual case organization and management, but also procedures and analysis of performance
assessment systems, as well as policies for setting priorities that reflect the public’s concerns
about community safety and justice.
In thinking about our ability to conduct research on these matters, several workshop participants
noted that the most dramatic changes in what prosecutors do usually occur in large jurisdictions,
or in federal judicial districts that have significant crime, a wide array of social problems

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 EXAMPLE OF THE PERSON / COMPANY / ORGANIZATION
INVOLVED IN THE PROSECUTOR

Malaysia's Attorney General serves as the country's primary legal advisor. The Attorney
General is often known as the Public Prosecutor, or simply PP, and is the country's highest-
ranking public prosecutor. Article 145(3) of the Federal Constitution gives the government
prosecutorial authority. For example, except than procedures before a Syariah court, a native
court, or a court-martial, the Attorney General may start, conduct, or stop any proceedings for an
offence at his discretion. In contrast to several other Commonwealth common law countries,
Malaysia's prosecutor is simply known as the Public Prosecutor, or PP, rather than the Director
of Public Prosecutions, or DPP. A prosecuting official in Malaysia is called as a Deputy Public
Prosecutor, or DPP, which is not to be confused with the preceding definition. The Attorney
General also leads the Attorney General's Chambers. For the states of Sabah and Sarawak, there
are distinct chambers that deal with civil law issues impacting the respective state governments.
The Malaysian Attorney General oversees criminal prosecution in Sabah and Sarawak. There are
no distinct chambers in Peninsular Malaysia's other states.

These are few Attorneys General of Malaysia:6

- Abdul Kadir Yusuf (1963-1977)
- Hamzah Abu Samah (1977-1980)
- Abu Talib Othman (1980-1993)
- Mohtar Abdullah (1994-2000)
- Ainum Mohd Saaid (2001)
- Abdul Gani Patail (2002-2015)
- Mohamed Apandi Ali (2015-2018)
- Engku Nor Faizah Engku Atek (2018)
- Tommy Thomas (2018-2020)
- Engku Nor Faizah Engku Atek (2020)
- Idrus Harun (2020-Present)

6
https://en.wikipedia.org/wiki/Attorney_General_of_Malaysia

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 CONCLUSION / COMMENTS

The foundation of law and order is Law and order, the cornerstones of democracy and
justice. The proceedings are an essential component in the defense of justice and have broad
implications for national security, civil rights, and social harmony. In fighting crime, disclosing,
or revealing plots and secrets, defending human rights, and maintaining justice, the prosecution
system has faithfully done its duty and achieved significant successes. In recent years, the forms
of crime have evolved considerably. To improve the implementation of critical government
policies and meet public expectations, prosecutors actively remove corruption and neglect,
investigate electoral bribery charges, protect national land, wipe out illegally traded money, curb
organized crime, violence and drug trafficking, and investigate crimes involving the economy,
finances and counterfeiting. The profession of becoming a prosecutor does not only demonstrate
the resolve of the government to defend human rights and restructure rules and laws, but also
builds reputation and dependence on the public and reinforces the foundations of justice.

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 REFERENCES

1. https://mimirbook.com/ms/ce5f69a4ecd

2. https://www.britannica.com/topic/prosecutor

3. https://en-wikipedia.org/wiki/Attorney_General_of_Malaysia

4. https://www.nap.edu/read/10114/chapter/3#8

5. https://enviro2.doe.gov.my

6. https://www.nap.edu/read/10114/chapter/3#10

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