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A recent Kuala Lumpur High Court decision in granting a discharge not amounting to acquittal (“DNAA”) on the criminal charges against the Deputy Prime Minister had sparked controversy and attention among concerned Malaysians. The decision was made pursuant to the power of the Attorney General who acts qua the Public Prosecutor who decided to discontinue the prosecution of the 47 charges against the accused person.
What is DNAA (Dismissal Not Amounting to Acquittal)?
DNAA refers to a situation where a person who has been charged with a criminal offence is temporarily discharged from the criminal charges against him. The court makes such a decision to discharge the accused person upon notification and request by the prosecution, of its intention to discontinue and/or refuse to proceed with the criminal proceedings against the accused person.
Who has the power to DNAA?
Article 145(3) of the Federal Constitution and Section 254(1) of the Criminal Procedure Code accords this power to the Public Prosecutor (“PP”) who is also the Attorney General:
Article 145(3) of the Federal Constitution
The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.
Section 254(1) of the Criminal Procedure Code
At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.