What Happens When the DPP Reviews Your Case
After police finish, the DPP reviews your file and decides whether you will be charged.
Sources checked 2026-09-15
What does the DPP do?
The Deputy Public Prosecutor (DPP) is the lawyer who decides whether you will be charged. When the police finish investigating, they send their file, called the investigation paper, to the AG’s Chambers for the DPP to review. [f1] The DPP works under the Attorney General, who alone decides on criminal prosecutions in Malaysia.
Neither the police nor the person who made the complaint can force the DPP to charge you. The decision belongs to the AG’s Chambers. The DPP is an independent check between the police investigation and the court.
What does the DPP consider?
The DPP asks two questions before charging. First, is the evidence strong enough for a conviction? [f3] Second, is prosecuting in the public interest?
In mule account cases, the DPP looks at bank records, your police statement, other witness statements and any digital evidence. The DPP weighs what the evidence shows about how your account was used, what you knew and why you did it.
Your personal situation also counts. The DPP may look at your age, any past record, whether you cooperated, and whether you gained money from the transfers.
What is in the investigation paper?
The investigation paper is the file the police send to the DPP. It holds the evidence gathered: witness statements, bank records, forensic reports and the investigating officer’s (IO’s) summary. [f2]
How good this file is affects the decision. If the IO collected strong evidence that you are innocent, such as proof you were tricked into lending your account, it is in the file for the DPP to read.
Your lawyer may not be able to read the investigation paper. But your lawyer can send extra evidence and written representations to the AG’s Chambers so your side is heard.
How long does the decision take?
There is no fixed deadline. Cases involving several bank accounts or overseas transfers can take longer.
While you wait, your account may stay frozen. Your lawyer can write to the IO or the DPP’s office to ask about progress. Regular follow-up lets the AG’s Chambers know the wait is affecting you.
What can the DPP decide?
After reviewing the file, the DPP has three main options. [f4]
No further action (NFA). The DPP decides not to charge you. You can then work with your bank to unfreeze your account.
A compound offer. You pay a sum of money to settle the matter without a trial. This is only possible for certain offences under certain laws. It is not available for Penal Code sections 424A, 424B and 424C.
A charge. If the DPP decides to charge you, you will be called to court and the charge process begins.
What are written representations?
Before the DPP decides, your lawyer can send written representations to the AG’s Chambers. This is a formal letter that sets out your side of events, backed by evidence.
A strong letter includes a clear timeline, evidence of what you knew and why you acted as you did, proof of how you were tricked, and character references. [f6] What your lawyer puts forward at this stage can matter a great deal to the decision.
If you are waiting on a DPP decision, a lawyer can prepare these representations for you and follow up on your file with the IO.
What can you do while you wait?
Get your evidence ready. Gather bank statements, WhatsApp chats, employment records and any documents that back up your account of events.
Keep a note of every contact with the IO and any updates you receive. Do not contact witnesses or the complainant yourself. Let your lawyer handle all contact with the AG’s Chambers.
Stay reachable. If the IO or DPP asks for more information, a quick and helpful reply helps.
Can a case be stopped after a charge?
Under CPC Section 376 the Attorney General, as Public Prosecutor, controls all criminal prosecutions and decides whether to charge. Once a trial has started, CPC Section 254 lets the prosecution stop the case before judgment; the accused is then discharged, which is not an acquittal unless the court says so. [f5] If new evidence appears, or your lawyer’s representations persuade the prosecution, the case can be stopped before judgment.
This means the case can be looked at again at more than one stage. If you are innocent and can show it, your lawyer can raise it at each stage.
Sources
- Federal Constitution, Article 145(3)
- Criminal Procedure Code, Sections 254 and 376
- Attorney General’s Chambers, Prosecution Division guidelines
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Who is the DPP and what is their role?
The Deputy Public Prosecutor is a lawyer at the Attorney General's Chambers who handles criminal cases. The DPP reviews the evidence the police gathered and decides if there is enough to charge you. The DPP acts for the Attorney General, who alone decides on prosecutions under Article 145.
How long does the DPP take to decide?
There is no fixed deadline. It depends on how complex the case is, and cases involving several banks or overseas transfers can take longer. Your lawyer can ask the investigating officer (IO) whether the file has gone to the DPP.
Can my lawyer talk to the DPP before charges are filed?
Yes. Your lawyer can send written representations to the DPP through the AG's Chambers. This is a letter that gives your side, attaches supporting evidence and explains why you should not be charged.
What happens if the DPP decides not to charge me?
The DPP issues an NFA (no further action), meaning no charge on the current evidence. You can show the NFA letter to your bank when you ask about the freeze. An NFA is not an acquittal, so the case can be reopened if new evidence appears.
What factors does the DPP consider?
The DPP looks at how strong the evidence is, whether a conviction is realistically likely, and whether prosecuting serves the public interest. In mule account cases, the DPP checks bank records, your statements and transfer patterns, and what you knew and why you let the account be used. Evidence that you are innocent counts.
Can the DPP change their mind after deciding?
Yes, in some cases. Under CPC Section 376 the Attorney General, as Public Prosecutor, controls all criminal prosecutions and decides whether to charge. Once a trial has started, CPC Section 254 lets the prosecution stop the case before judgment; the accused is then discharged, which is not an acquittal unless the court says so. Your lawyer can make representations at any point.
Related pages
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Need a Lawyer for Your Frozen Account Case?
Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
Independent information resource, not a law firm. We do not provide legal advice. Where appropriate and with your consent, we can connect you with an independent lawyer. Availability and acceptance of a case are not guaranteed. How referral works