What safeguards are proposed to prevent executive influence on prosecutorial decisions?

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Proposed Safeguards to Isolate Prosecutorial Decisions from Executive Influence

The proposed constitutional amendments aim to strengthen safeguards against executive influence in prosecutorial decisions by introducing a new clause that excludes the Prime Minister and Cabinet from advising the Yang di-Pertuan Agong on matters concerning the Public Prosecutor. This constitutional amendment is intended to be complemented by the enactment of an Office of the Public Prosecutor Act (OPPA) and the adoption of a Prosecution Code of Conduct. These measures collectively seek to establish a more independent prosecutorial framework.
Exclusion of Executive Advice on Public Prosecutor Appointments

A significant proposed safeguard is the introduction of a new Clause (21) to the Federal Constitution. This clause explicitly states that, notwithstanding Article 40, the Prime Minister and the Cabinet shall not advise the Yang di-Pertuan Agong for the purposes of this Article. This provision is designed to prevent the executive branch from influencing the Yang di-Pertuan Agong's decisions regarding the appointment, removal, and suspension of the Public Prosecutor.
Establishment of an Office of the Public Prosecutor Act (OPPA)

Beyond the constitutional amendment, there is a proposal to enact an Office of the Public Prosecutor Act (OPPA). According to former Malaysian Bar president Karen Cheah, such legislation is necessary to accompany the constitutional amendment. An OPPA would detail the procedural mechanisms for removing a Public Prosecutor, including the establishment of a removal tribunal, its composition, and the process for petitioning for removal along with the grounds for such actions.
Development of a Prosecution Code of Conduct

In addition to the OPPA, a Prosecution Code of Conduct has been proposed by the civil society group Projek SAMA. This code would further delineate ethical standards and expected conduct for those in prosecutorial roles. The implementation of such a code is intended to reinforce accountability and professional integrity within the Public Prosecutor's office, operating in conjunction with the legislative and constitutional safeguards.

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What safeguards are proposed to prevent executive influence on prosecutorial decisions?

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