Criminal Lawyers in Malaysia
Our litigation team acts in selected criminal matters in Malaysia, from police statements, remand and bail to trial and appeal, and for victims, especially where the case is linked to a commercial, employment or family dispute.
- Police statements and remand
- Bail, trials and appeals
- Victims and watching briefs
- Online consultations
How We Can Help
- Advice before a police statement under s 112 CPC
- Remand hearings and bail applications
- Criminal breach of trust and cheating charges
- Representations to the Public Prosecutor
- Trials in the Magistrates', Sessions and High Courts
- Appeals, and acting for victims of crime
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Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
24 Hours
Police custody limit without a Magistrate's remand order
14 Days
To lodge a criminal notice of appeal
Police to Appeal
One litigation team throughout your matter
What are your rights if you are arrested or questioned by the police?
If you are arrested in Malaysia, you must be told the grounds of arrest and, before any questioning, that you may contact a relative or friend and consult a lawyer of your choice. These rights come from Article 5 of the Federal Constitution and s 28A of the Criminal Procedure Code (Act 593).
- Questioning should be deferred for a reasonable time until you have contacted, or tried to contact, a lawyer and any consultation has taken place. Limited exceptions, such as a risk to evidence or to someone’s safety, need authorisation from an officer of at least Deputy Superintendent rank.
- Without a Magistrate’s order, the police cannot detain you for more than 24 hours, not counting the journey to the Magistrate (s 28 CPC).
- When the police record a statement under s 112 CPC, you must answer questions about the case truthfully, but you may refuse to answer a question that would tend to expose you to a criminal charge, penalty or forfeiture.
- The statement should be read back to you, and you can correct it before signing.
The Code does not expressly give a right to have a lawyer present while a s 112 statement is recorded, so take advice before you attend. What you say can matter greatly if charges follow.
How do remand and bail work in Malaysia?
Remand is detention ordered by a Magistrate so that the police can continue investigating. Under s 117 CPC, the maximum depends on the punishment for the offence:
- for less than 14 years’ imprisonment, up to four days on the first application and three days on a second, seven days in total;
- for death or 14 years’ imprisonment or more, up to seven days on each of two applications, 14 days in total.
The Magistrate must first allow you or your lawyer to make representations (s 117(5)). When remand ends, the police must charge or release you, and release can be on police bail with a date to report back.
After a charge, bail depends on the offence. For an offence listed as bailable in the First Schedule to the CPC, bail is a right (s 387). For a non-bailable offence, the court has a discretion (s 388) and may attach conditions, such as surrendering your passport. Where there are reasonable grounds to believe a person committed an offence punishable with death or life imprisonment, bail is generally refused, although the court may still release a person under 16, a woman or a sick or infirm person. Some statutes, such as those on drug trafficking, restrict bail further.
What happens after a charge: plea, representations and trial
At the first hearing, the charge is read and explained and you plead guilty or claim trial. A guilty plea leads to the facts, a plea in mitigation and sentence.
Your lawyer can send representations to the Public Prosecutor asking for a charge to be withdrawn, reduced or amended. Under Article 145(3) of the Federal Constitution, the Attorney General has the discretion to institute, conduct or discontinue criminal proceedings, and if the prosecution does not proceed, the court acquits or grants a discharge not amounting to an acquittal (s 254 CPC).
A trial follows a set order:
- Before trial, the prosecution must give you the documents listed in s 51A CPC, including a written statement of facts favourable to the defence, subject to the public interest.
- The prosecution calls its witnesses, who can be cross-examined.
- The court decides whether a prima facie case has been made out (s 173(f) in the subordinate courts, s 180 in the High Court). If not, you are acquitted.
- If it has, you are called to enter your defence, and you can be convicted only if guilt is proved beyond reasonable doubt.
Magistrates’ Courts try offences carrying up to 10 years’ imprisonment or a fine only; Sessions Courts try all offences except those punishable with death, which go to the High Court.
How do criminal appeals work, and what is the time limit?
In Malaysia, either the accused or the prosecution may appeal, and the notice of appeal must generally be filed within 14 days of the decision. A person who pleaded guilty cannot appeal against the conviction, only against the sentence.
- Decisions of the Magistrates’ Courts and Sessions Courts are appealed to the High Court.
- A further appeal to the Court of Appeal lies in cases that began in the Sessions Court. Cases that began in a Magistrates’ Court need the Court of Appeal’s leave on a question of law, applied for within 14 days of the High Court’s decision (s 50, Courts of Judicature Act 1964).
- Cases tried in the High Court go to the Court of Appeal and then to the Federal Court (s 87). For cases that began in a subordinate court, the Court of Appeal is the final court.
- An appeal does not automatically stop a sentence, so an application for a stay or for bail pending appeal may be needed. A sentence of whipping is stayed automatically pending appeal.
Appeals are argued mainly on the record: the notes of evidence, the exhibits and the trial court’s grounds of judgment. See our appellate advocacy page for how we prepare appeals.
How can a lawyer help victims of crime, scams and domestic violence?
Criminal cases are conducted by the Public Prosecutor, but victims still have a real role. A police report under s 107 CPC is what sets an investigation in motion, so it should be accurate, complete and supported by documents.
- For online financial scams, call the National Scam Response Centre on 997, which operates 24 hours, ideally within 24 hours of discovering the scam so that accounts can be blocked, then contact your bank and lodge a police report.
- Victims of domestic violence can seek protection under the Domestic Violence Act 1994 (Act 521), including an emergency protection order issued by a social welfare officer, valid for seven days, and an interim protection order during the investigation.
- We can hold a watching brief for a victim or family, attending the trial with the court’s permission and keeping you informed, while the prosecution remains in charge of the case.
- After a conviction, a victim or family member may give a victim impact statement (s 183A CPC), and the court may order the offender to pay compensation (s 426 CPC). In April 2026, the Attorney General directed deputy public prosecutors to apply for compensation orders.
Where money was lost through criminal breach of trust or cheating, a civil claim to recover it can run alongside the criminal case. See our corporate fraud page.
How NZSK handles criminal matters
NZSK does not have a separate criminal department. Our litigation team acts in selected criminal matters, mostly where the criminal side is linked to a commercial, employment or family dispute.
- Criminal breach of trust and cheating, including cheating under s 420 of the Penal Code (Act 574).
- Offences under company and employment-related laws, often arising from disputes with directors or staff.
- Domestic violence complaints connected to family proceedings.
- Online offences, such as harassment and false or offensive posts.
- Scam victims and other victims of crime.
Every matter starts with a consultation, online or in person at our Puchong or Mont Kiara office, and we advise after reviewing your documents: the charge sheet, police reports, bail papers, notices from the police or other agencies, and the contracts, emails or bank records behind the dispute. If a matter is outside what we handle, we will tell you at the outset. We then agree a plan for the stage you are at, whether that is a police statement, a remand hearing, representations, trial or appeal.
Frequently Asked Questions
In Malaysia, a person examined by the police under s 112 of the Criminal Procedure Code is bound to answer questions about the case truthfully. However, you may refuse to answer any question whose answer would tend to expose you to a criminal charge, penalty or forfeiture. The statement should be read back to you so that you can correct it before signing. Because it may matter later, it is sensible to speak to a lawyer before you attend.
In Malaysia, the police cannot detain an arrested person for more than 24 hours, excluding travel time, without a Magistrate's order. Under s 117 of the Criminal Procedure Code, remand for an offence punishable with less than 14 years' imprisonment is capped at four days on the first application and three days on a second. For offences punishable with death or 14 years or more, the cap is seven days on each of two applications. The suspect must then be charged or released.
In Malaysia, bail depends on the offence. For an offence listed as bailable in the First Schedule to the Criminal Procedure Code, bail is a right under s 387. For a non-bailable offence, the court has a discretion under s 388 and may impose conditions, such as surrendering a passport. Bail is generally refused for offences punishable with death or life imprisonment, although the court may release a person under 16, a woman, or a sick or infirm person.
Yes. In Malaysia, your lawyer can send written representations to the Public Prosecutor asking for a charge to be withdrawn, reduced or amended, supported by documents and an outline of the defence. Under Article 145(3) of the Federal Constitution, the decision is in the Attorney General's discretion and reasons need not be given. If the prosecution stops, the court acquits or grants a discharge not amounting to an acquittal. The Criminal Procedure Code also provides a plea bargaining procedure (s 172C).
In Malaysia, a notice of appeal in a criminal case must generally be filed within 14 days of the decision, whether the appeal is from a Magistrates' Court or Sessions Court to the High Court, or from the High Court to the Court of Appeal. A person who pleaded guilty can appeal only against the sentence. If the deadline is missed, an extension of time must be sought, and the court may refuse it, so act quickly.
The cost of a criminal matter in Malaysia depends on the stage and the work involved: advice before a police statement, a remand or bail hearing, representations to the prosecution, a trial or an appeal. Other cost drivers are the court, the number of charges, the volume of documents and the number of trial days. NZSK gives a fee quotation after the consultation, once we have reviewed your documents and understood what you need.
If you have lost money to an online scam in Malaysia, call the National Scam Response Centre on 997, which operates 24 hours, as soon as possible and ideally within 24 hours so that accounts can be blocked. Then contact your bank and lodge a police report with full details. Keep screenshots, messages, receipts and bank records. A lawyer can help you follow up the investigation and consider a civil claim to recover the money.
Yes. In Malaysia, a court that convicts an offender may order the offender to pay compensation to the victim under s 426 of the Criminal Procedure Code, in addition to the sentence. In April 2026, the Attorney General directed deputy public prosecutors to apply for such orders. A victim or family member may also give a victim impact statement under s 183A after conviction. Separately, a victim can bring a civil claim for losses.
Facing a police investigation or a criminal charge?
Criminal matters turn on their facts and documents, so we do not advise on a description alone. Book a consultation, online or in person at our Puchong or Mont Kiara office, and we will advise you once we have reviewed your documents.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
