The criminal process: from police report to verdict

Key points

You must be brought before a magistrate within 24 hours of arrest (Federal Constitution, Art 5(4)).
Remand under CPC s117 is at most 7 days (offences under 14 years' jail) or 14 days (death or 14 years or more), and only if the magistrate agrees it is necessary.
Only the Public Prosecutor decides whether to charge you.
Bail is a right for bailable offences and at the court's discretion for non-bailable ones.
The prosecution must prove its case beyond reasonable doubt. If there is no prima facie case, you are acquitted without having to give a defence.
The death penalty has not been mandatory since 4 July 2023. The alternative is 30 to 40 years' imprisonment.

1. The police report

Most criminal cases start with a police report (laporan polis). Lawyers often call the first report about an offence the first information report (laporan maklumat pertama). Anyone can make one at any police station. Keep the copy you are given: it carries a report number that you will need later.

Only report what you know to be true. Making a false report is itself an offence.

2. Investigation and arrest

The police (or another enforcement agency, such as the anti-corruption commission or customs) then carry out an investigation (siasatan). An investigating officer (pegawai penyiasat) may record statements from witnesses and suspects, collect documents and seize evidence.

For more serious offences, called seizable offences (kesalahan boleh tangkap), the police may arrest (tangkap) a suspect without a warrant. For other offences they usually need a warrant from a magistrate. For what you can expect at this stage, see Your rights when arrested.

3. The 24-hour limit and remand

Article 5(4) of the Federal Constitution says an arrested person must be brought before a magistrate without unreasonable delay, and in any case within 24 hours, not counting the time needed for the journey. The person cannot be held beyond that without the magistrate's authority.

If the police cannot finish the investigation within 24 hours, they must apply to a magistrate under section 117 of the Criminal Procedure Code (CPC) for a remand (reman) order. The maximum periods are:

Offence punishable with	First order	Second (further) order	Total maximum
Imprisonment of less than 14 years	up to 4 days	up to 3 days	7 days
Death, or imprisonment of 14 years or more	up to 7 days	up to 7 days	14 days

These are maximums, not automatic terms. The magistrate must be satisfied that further detention is really needed for the investigation, and can give fewer days or refuse remand altogether. A practice direction issued by the Chief Justice in 2021 requires the suspect to be given a reasonable chance to have a lawyer present at the remand hearing. Free help at this stage is available from the National Legal Aid Foundation (YBGK). See Getting legal help.

Some special laws, such as security and anti-drug laws, have their own detention rules that are different from section 117.

4. Release, police bail or charge

When investigations end, the papers go to the Public Prosecutor (Pendakwa Raya). The Attorney General holds this office, and the work is done through deputy public prosecutors. Only the Public Prosecutor decides whether to charge (pertuduhan) someone, and with which offence. A suspect may be released unconditionally, released on police bail while the investigation continues, or brought to court to be charged.

5. Charge and plea

At the first court appearance the charge is read in a language the accused understands, and the accused is asked for a plea (akuan):

Plead guilty (mengaku salah): the court must make sure the accused understands the nature and consequences of the plea. It then hears the facts and any mitigation (rayuan peringanan hukuman), and passes sentence.
Claim trial (minta dibicarakan): the case is fixed for trial, and the court decides on bail.

Which court hears the case depends on how serious the offence is. Many cases go to the Magistrates' Court or the Sessions Court; the most serious go to the High Court. See The courts.

6. Bail

Bail (jaminan or ikat jamin) means release while the case is pending, usually with a sum of money and one or more sureties (penjamin) who promise the accused will turn up.

Bailable offences (boleh dijamin): under CPC section 387, bail is a right, although the court sets the amount and conditions.
Non-bailable offences (tidak boleh dijamin): under CPC section 388, bail is at the court's discretion. Where there are reasonable grounds to believe the person committed an offence punishable with death or life imprisonment, bail is generally refused. The court may still grant bail to someone under 16, a woman, or a sick or infirm person.

Common conditions include surrendering your passport and reporting to a police station. Breaking a condition can lead to bail being revoked.

7. Trial: the prosecution case and the prima facie stage

The prosecution goes first. It calls witnesses (examination-in-chief), whom the defence may cross-examine (pemeriksaan balas), and it puts in documents and exhibits.

When the prosecution closes its case, the court decides whether it has made out a prima facie case (kes prima facie): evidence which, if not rebutted, would justify a conviction.

If not, the accused is acquitted (dibebaskan) without having to give any defence.
If so, the accused is called to enter the defence (dipanggil membela diri).

8. The defence

Once called to enter the defence, the accused can usually choose to give sworn evidence from the witness box (and be cross-examined), make an unsworn statement from the dock (which carries less weight), or remain silent. Silence at this stage is risky, because the prosecution's evidence then stands unanswered. Defence witnesses may also be called. Talk to your lawyer before you choose.

At the end of the trial, the prosecution must have proved the charge beyond reasonable doubt (melampaui keraguan munasabah). If it has not, the accused is acquitted.

9. Plea bargaining (CPC section 172C)

Since amendments in 2010, the CPC allows plea bargaining (tawar-menawar akuan). The accused applies in a set form to the court where the case is to be tried. The judge first checks, in private, that the application is voluntary. The accused and the prosecutor may then agree on a plea to a lesser charge, or on the sentence.

Under section 172D, where the bargain is about sentence, the court generally cannot impose more than half the maximum punishment. Where the law sets a minimum prison term, the sentence cannot go below that minimum. After a plea bargain, an appeal is only possible on the extent and legality of the sentence. Some categories of serious offences are excluded, so ask a lawyer whether it is available in your case.

10. Sentencing

On conviction (sabitan), the court hears mitigation and then passes sentence (hukuman). Depending on the offence, this may be a fine, imprisonment, whipping, a bond for good behaviour, community service, or a combination. First-time and young offenders may get special options.

The death penalty is no longer mandatory. The Abolition of Mandatory Death Penalty Act 2023 came into force on 4 July 2023. For offences that used to carry a mandatory death sentence, the court now has a choice between death and imprisonment of 30 to 40 years. In many of these cases, if death is not imposed, whipping (generally at least 12 strokes) also applies. Imprisonment "for the rest of natural life" was replaced by a fixed term. A separate 2023 Act allowed people already sentenced to apply to have their sentences reviewed.

11. Appeals

Both the accused and the prosecution may appeal against a conviction, an acquittal or a sentence. The time limits are short, often counted in days from the decision, so act quickly. See Appeals for the route through the higher courts.

When to see a lawyer

See a lawyer as early as possible: ideally before you give a statement, and certainly before a remand hearing or your first court date. If you cannot afford one, free help is available. See Getting legal help. This page is general information, not legal advice.

Laws cited on this page

Act 593	Criminal Procedure Code · Kanun Tatacara Jenayah	Official text
Act 846	Abolition of Mandatory Death Penalty Act 2023 · Akta Pemansuhan Hukuman Mati Mandatori 2023	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Your rights when arrested Courts and their powers Appeals Getting legal help How Malaysian law works