Your Rights During a Police Raid

When police arrive

Police arriving at your home or workplace is frightening. In a mule account case it can happen with little warning.

The most important thing is to stay calm. Do not resist, do not run, and keep your hands where they can be seen. Panic and resistance only make things harder for you.

Mule account cases are investigated by CCID, the Commercial Crime Investigation Department at Bukit Aman ^[f2]. In the moment, though, staying calm matters more than knowing which unit is involved.

Ask who they are and why they came

You are entitled to know what is happening. Politely ask the officers to identify themselves and explain why they are there.

A search, an arrest and an enquiry are different things. Asking calmly which one this is helps you follow what is going on, and asking is not obstruction.

Where it is safe, note names, ranks, the time, and what is said or done. These notes help your lawyer later.

You do not have to explain everything

Under pressure, you may want to explain and justify yourself on the spot. That can backfire, because what you say can be recorded and used later.

Give your basic personal details and stay polite. You do not have to give a full account there and then. It is much safer to speak to a lawyer before you explain anything in detail.

The stakes are real. Even s424A, the lightest of the mule account offences, carries a fine of RM5,000 to RM50,000, or six months to five years in jail, or both ^[f4].

Your right to a lawyer

Your right to legal help does not start only in court. Article 5(3) of the Federal Constitution gives you the right to consult and be defended by a lawyer of your choice ^[f1].

Say clearly and calmly that you want to speak to a lawyer. A lawyer can tell you what you must do, what you do not have to do, and how to handle questioning.

A raid and an account freeze are different

Police action is sometimes linked to freezing an account. Under CPC s116D, a police officer of Sergeant rank or above can freeze an account without a court order if the officer suspects it is linked to unlawful activity ^[f3].

So your account can be locked quickly, separately from any search or arrest. The freeze and the questioning are two different matters, and a lawyer can deal with each one properly.

After the raid

Once it is over and you are safe, write down everything you remember while it is fresh: names, times, what was said and what was taken.

Keep every document you were given, such as a list of seized items. Do not throw anything away.

If family or colleagues were there, ask each of them to write down what they saw on their own. Separate, honest accounts are more useful than one version everyone has agreed on.

Avoid big decisions in the first hours, while you are still shaken. Then contact a lawyer. If you need one now, send us a WhatsApp message and we can refer you.

Sources

1. https://www.lawnet.com.my/federal-constitution
2. https://www.rmp.gov.my/
3. https://www.parlimen.gov.my/
4. https://www.lawnet.com.my/penal-code