The Prosecution Roles In Money Laundering Investigations And Trials In Malaysia With Reference To England And Wales

This thesis critically examines the phenomenon of money laundering (ML), with a focus on the role of prosecutors in ML investigations, trials and other legal actions in Malaysia while also drawing upon experiences from England and Wales. Traditionally, Malaysian prosecutors have dealt with ML cases through criminal law, and this primary role is thoroughly analysed together with the relevant legislation. The study advocates improved criminal laws and their implementation, including the creation of clear, published guidelines for prosecutors and the provision of adequate training to enhance their expertise in exercising prosecutorial discretion. The study also examines the possible expansion of the role of prosecutors via civil mechanisms such as Deferred Prosecution Agreements (DPAs), Unexplained Wealth Orders (UWOs) and pre-investigative powers. These civil law mechanisms offer prosecutors greater discretion with a lower burden of proof, which gives them additional decision-making powers in tackling complex financial crimes. However, an extension to civil law would require a reformulation of prosecutors’ duties to ensure appropriate guidelines, sufficient resources, training and oversight to support the fair and effective exercise of discretion. Currently, there is professional resistance, particularly within the prosecution service, to these civil law developments. Improved governance is essential to structure prosecutorial discretion and to ensure transparency and accountability. The thesis critically assesses the fairness and effectiveness of the current prosecutorial system within the Malaysian legal framework. Using a combination of documentary sources, on-site interviews with professional elites and a policy transfer approach, the study provides comprehensive and original insights. It concludes that while the prosecution’s primary function should remain anchored in criminal law, the integration of civil law mechanisms, supported by better governance, would substantially strengthen the prosecution’s ability to combat ML in Malaysia and better ensure that legal processes are both fair and effective.