In Malaysia, criminal charges arise when the authorities formally accuse a person of committing an offence. Prior to such charges being brought, the individual will typically be arrested and placed under detention or custody.
The primary purpose of detention is to facilitate investigation of the case. The general detention period must not exceed 24 hours, after which the police must either charge the suspect in court or release them. However, the police may initiate remand proceedings to further detain the suspect beyond 24 hours while completing investigations.
Under Article 5(4) of the Federal Constitution, if a person is arrested and not released within 24 hours, they must be brought before a magistrate and shall not be further detained without the magistrate’s authority.
Section 117 of the Criminal Procedure Code (CPC) further provides that where a person is arrested and detained and the investigation cannot be completed within 24 hours, and there are reasonable grounds to believe the accusation is well-founded, the investigating officer shall immediately submit a copy of the case details to the magistrate and produce the accused before the magistrate.
The duration of detention depends on the offence under investigation. In Malaysia, remand proceedings are generally divided into two stages:
The first stage of the application must be made within 24 hours of arrest; otherwise, the suspect must be released.
The second stage is only necessary if the initial remand period is insufficient, and must be applied for before the expiry of the first remand order.
If the offence under investigation is punishable by imprisonment of 14 years or less, the first remand period must not exceed 4 days, and the second must not exceed 3 days.
If the offence carries imprisonment of more than 14 years, the first and second remand periods must not exceed 7 days each.
While in custody, the suspect is only allowed to communicate with his or her lawyer.
Next, we will briefly discuss several categories of criminal offences in Malaysia and the relevant legal provisions, including:
Fraud
Theft
Cybercrime
Assault
Murder
Fraud
Fraud refers to situations where a defendant deceives another person in order to unlawfully obtain money or property. It essentially involves transactions carried out with intent to deceive.
This may include providing false information or deliberately concealing material facts in order to influence another party’s decision to enter into or continue a transaction.
In proving fraud, the burden of proof lies with the prosecution. The prosecution must establish the charge beyond reasonable doubt and provide strong, cogent evidence; mere suspicion is insufficient.
Sections 417, 418, 419, 420, 421, 422, 423, and 424 of the Penal Code are commonly invoked in fraud-related prosecutions.
Theft
Under Section 378 of the Penal Code, theft is defined as dishonestly moving movable property out of the possession of another person without consent.
Under Section 379 of the Penal Code, theft is punishable with imprisonment of up to seven years, or a fine, or both; repeat offenders may also be subjected to whipping in addition to imprisonment and/or fine.
This means first-time offenders may face imprisonment of up to seven years and/or a fine, while repeat offenders may face imprisonment and whipping.
Other related provisions include Sections 379A, 380, 381, 382, and 382A of the Penal Code.
Assault
Section 351 of the Penal Code defines assault as a threat of violence. It provides that any gesture or preparation intended or likely to cause a person to apprehend the use of criminal force constitutes assault.
In simple terms, if a person’s words or actions cause another person to fear immediate harm, that may amount to assault. Assault therefore extends beyond physical harm and includes threatening words and offensive gestures.
Under Sections 352, 352A, 353, 354, 355, 356, 357, and 358 of the Penal Code, assault offences may carry sentences ranging from three months to ten years, depending on the severity and circumstances of the case.
Cybercrime
Cybercrime is generally divided into three categories:
Crimes against persons: offences targeting individuals, such as cyber harassment and stalking, distribution of child pornography, scams, credit card fraud, human trafficking, identity theft, and other online offences.
Crimes against property: offences affecting property such as computers and servers, including hacking, virus transmission, computer vandalism, and copyright infringement.
Crimes against government: offences targeting government systems, often regarded as acts of cyber warfare, including hacking, access to confidential data, cyber terrorism, and software piracy.
Malaysia does not have a single standalone cyber security law, but cyber offences are governed by various statutes, including the Computer Crimes Act 1997 and the Personal Data Protection Act 2010.
Penalties for cybercrime-related offences may include:
Breach of the Personal Data Protection Act: fine of RM100,000 to RM500,000 or imprisonment of 1 to 2 years or both.
Breach of the Communications and Multimedia Act: fine of RM50,000 to RM500,000 or imprisonment of 1 to 5 years or both.
Breach of the Computer Crimes Act or Penal Code: fine of RM25,000 to RM150,000 or imprisonment of 3 to 10 years or both.
Murder
Murder is one of the most serious criminal offences. Under Section 300 of the Penal Code, murder is committed when a person causes the death of another person:
with the intention of causing death;
with the intention of causing bodily injury likely to result in death;
with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death; or
with knowledge that the act is so imminently dangerous that it will likely cause death or serious bodily injury, and yet proceeds with the act.
The death penalty was previously mandatory for murder cases. However, following international pressure and human rights developments, it is no longer mandatory in all cases.
This means Malaysian courts now have discretion in determining whether the death penalty should be imposed.
What to Do When Facing Criminal Charges in Malaysia
It is important to know your rights and how you should be treated when arrested and charged:
You have the right to contact a lawyer, and this right is guaranteed by law.
You may request pen and paper before questioning begins and take notes of all questions asked. You may also draft your answers before responding.
Take time to think carefully before answering any question.
You have the right to remain silent if a question may incriminate you. You should ensure you fully understand each question asked.
Before signing any statement, ensure that you read both the questions and recorded answers carefully, as the statement may be used against you in court.
Conclusion
If you are arrested or charged with a criminal offence, time is often critical. You should immediately seek assistance from an experienced criminal lawyer in Malaysia.
Alan Kang & Co. has extensive experience in criminal defence and has assisted numerous clients in defending criminal charges. Our dedicated team is well-versed in criminal law and is capable of assisting with your case.
If you wish to consult a lawyer regarding any current or potential charges, please contact us immediately. Criminal law is strict and time-sensitive—take action today to protect your liberty. Call +603-7972 7223.
The primary purpose of detention is to facilitate investigation of the case. The general detention period must not exceed 24 hours, after which the police must either charge the suspect in court or release them. However, the police may initiate remand proceedings to further detain the suspect beyond 24 hours while completing investigations.
Under Article 5(4) of the Federal Constitution, if a person is arrested and not released within 24 hours, they must be brought before a magistrate and shall not be further detained without the magistrate’s authority.
Section 117 of the Criminal Procedure Code (CPC) further provides that where a person is arrested and detained and the investigation cannot be completed within 24 hours, and there are reasonable grounds to believe the accusation is well-founded, the investigating officer shall immediately submit a copy of the case details to the magistrate and produce the accused before the magistrate.
The duration of detention depends on the offence under investigation. In Malaysia, remand proceedings are generally divided into two stages:
The first stage of the application must be made within 24 hours of arrest; otherwise, the suspect must be released.
The second stage is only necessary if the initial remand period is insufficient, and must be applied for before the expiry of the first remand order.
If the offence under investigation is punishable by imprisonment of 14 years or less, the first remand period must not exceed 4 days, and the second must not exceed 3 days.
If the offence carries imprisonment of more than 14 years, the first and second remand periods must not exceed 7 days each.
While in custody, the suspect is only allowed to communicate with his or her lawyer.
Next, we will briefly discuss several categories of criminal offences in Malaysia and the relevant legal provisions, including:
Fraud
Theft
Cybercrime
Assault
Murder
Fraud
Fraud refers to situations where a defendant deceives another person in order to unlawfully obtain money or property. It essentially involves transactions carried out with intent to deceive.
This may include providing false information or deliberately concealing material facts in order to influence another party’s decision to enter into or continue a transaction.
In proving fraud, the burden of proof lies with the prosecution. The prosecution must establish the charge beyond reasonable doubt and provide strong, cogent evidence; mere suspicion is insufficient.
Sections 417, 418, 419, 420, 421, 422, 423, and 424 of the Penal Code are commonly invoked in fraud-related prosecutions.
Theft
Under Section 378 of the Penal Code, theft is defined as dishonestly moving movable property out of the possession of another person without consent.
Under Section 379 of the Penal Code, theft is punishable with imprisonment of up to seven years, or a fine, or both; repeat offenders may also be subjected to whipping in addition to imprisonment and/or fine.
This means first-time offenders may face imprisonment of up to seven years and/or a fine, while repeat offenders may face imprisonment and whipping.
Other related provisions include Sections 379A, 380, 381, 382, and 382A of the Penal Code.
Assault
Section 351 of the Penal Code defines assault as a threat of violence. It provides that any gesture or preparation intended or likely to cause a person to apprehend the use of criminal force constitutes assault.
In simple terms, if a person’s words or actions cause another person to fear immediate harm, that may amount to assault. Assault therefore extends beyond physical harm and includes threatening words and offensive gestures.
Under Sections 352, 352A, 353, 354, 355, 356, 357, and 358 of the Penal Code, assault offences may carry sentences ranging from three months to ten years, depending on the severity and circumstances of the case.
Cybercrime
Cybercrime is generally divided into three categories:
Crimes against persons: offences targeting individuals, such as cyber harassment and stalking, distribution of child pornography, scams, credit card fraud, human trafficking, identity theft, and other online offences.
Crimes against property: offences affecting property such as computers and servers, including hacking, virus transmission, computer vandalism, and copyright infringement.
Crimes against government: offences targeting government systems, often regarded as acts of cyber warfare, including hacking, access to confidential data, cyber terrorism, and software piracy.
Malaysia does not have a single standalone cyber security law, but cyber offences are governed by various statutes, including the Computer Crimes Act 1997 and the Personal Data Protection Act 2010.
Penalties for cybercrime-related offences may include:
Breach of the Personal Data Protection Act: fine of RM100,000 to RM500,000 or imprisonment of 1 to 2 years or both.
Breach of the Communications and Multimedia Act: fine of RM50,000 to RM500,000 or imprisonment of 1 to 5 years or both.
Breach of the Computer Crimes Act or Penal Code: fine of RM25,000 to RM150,000 or imprisonment of 3 to 10 years or both.
Murder
Murder is one of the most serious criminal offences. Under Section 300 of the Penal Code, murder is committed when a person causes the death of another person:
with the intention of causing death;
with the intention of causing bodily injury likely to result in death;
with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death; or
with knowledge that the act is so imminently dangerous that it will likely cause death or serious bodily injury, and yet proceeds with the act.
The death penalty was previously mandatory for murder cases. However, following international pressure and human rights developments, it is no longer mandatory in all cases.
This means Malaysian courts now have discretion in determining whether the death penalty should be imposed.
What to Do When Facing Criminal Charges in Malaysia
It is important to know your rights and how you should be treated when arrested and charged:
You have the right to contact a lawyer, and this right is guaranteed by law.
You may request pen and paper before questioning begins and take notes of all questions asked. You may also draft your answers before responding.
Take time to think carefully before answering any question.
You have the right to remain silent if a question may incriminate you. You should ensure you fully understand each question asked.
Before signing any statement, ensure that you read both the questions and recorded answers carefully, as the statement may be used against you in court.
Conclusion
If you are arrested or charged with a criminal offence, time is often critical. You should immediately seek assistance from an experienced criminal lawyer in Malaysia.
Alan Kang & Co. has extensive experience in criminal defence and has assisted numerous clients in defending criminal charges. Our dedicated team is well-versed in criminal law and is capable of assisting with your case.
If you wish to consult a lawyer regarding any current or potential charges, please contact us immediately. Criminal law is strict and time-sensitive—take action today to protect your liberty. Call +603-7972 7223.
