Criminal Litigation Process
i) Arrest & Investigation
Currently, Malaysia’s criminal justice system recognizes two types of offenses for which police may arrest suspects with or without a warrant. The police may investigate criminal offenses without a prior order from the public prosecutor when an arrest has been made without a warrant and is classified as seizable. Upon completing the investigation, the police have 24 hours to submit the investigation paper (IP) to the public prosecutor for further consideration. According to section 117 of the criminal procedure code, the police may apply to the court for remand if the investigation cannot be completed within 24 hours.
Before the police question or record any statement from the suspected person, the suspect may request and inform them that he has a right to be represented by a lawyer. The police should refrain from questioning or recording any statements until they have consulted with the lawyer.
ii) Remand Proceedings
Within 24 hours of his arrest, the arrested person shall be released without further delay. A police officer may, however, request a remand of the suspect beyond 24 hours so that the investigation can be completed.
The magistrate may order the suspected person to be detained for up to 4 days on the first application, and no more than 3 days on the second application, for most seizable offenses with a maximum sentence of fewer than 14 years. The detention shall not exceed 7 days on the first application and shall not exceed 7 days on the second application for crimes punishable by death or imprisonment of 14 years or more.
During this stage, a lawyer can be appointed by the suspect to oppose the police’s application for remand. A lawyer should be appointed promptly, perhaps as soon as the suspect has been arrested and brought to the police station.
iii) Charge And Bail
A criminal charge will be read to the accused shortly after the remand period has expired. A person accused of a crime is entitled to enter a plea if he or she understands the nature and consequences of the charge. When the charge is read, you have the right to be represented by a lawyer. If the accused pleads not guilty to the charge, the lawyer will request a bail application.
When a bail application is filed, the court will hear the lawyer’s submission regarding whether the accused may be released from custody upon payment of a security deposit. The payment of a sum of money to the court is a form of security that is taken from a person for them to appear in court on a specified date. However, there are certain offenses under the law in which the defendant is not entitled to bail, therefore he will be further detained until the trial has been completed.
The accused will be released from custody if the court grants the bail application. It is important to note that the criminal case is not yet over. It is compulsory for the accused to attend all hearings, mentions, and trials of the case on the date and time determined by the court. The security deposit will be forfeited if this is not done, and a warrant of arrest will be issued against the accused and if necessary, the bailor.
iv) Pre-Trial Case Management
After the bail proceedings, a new date will be set for case management. During the trial, all documents and evidence relevant to the prosecution will be provided to the defense attorney.
v) Trial
The prosecution begins the trial by calling witnesses and presenting their evidence. During this stage, the prosecution must prove their case beyond a reasonable doubt. A court will discharge and acquit the accused if the prosecution fails to establish a prima facie case.
Vi) Post-Trial
Upon a finding of guilt by the court, the accused will be sentenced to the prescribed punishments. Before sentencing, the lawyer will have the opportunity to request mitigation, i.e., a lighter sentence. Additionally, a lawyer may request a stay of execution pending an appeal to the appellate court after the sentencing.
