Defence Case
The defence case is the stage where an accused answers the charge after the prosecution has closed its evidence.
Sources checked 2026-09-17
What is the defence case?
The defence case is the stage of a criminal trial where the accused answers the charge, after the prosecution has finished its evidence. It is the part of the trial where the accused’s side is heard.
This stage does not always arrive. It happens only if the court finds the prosecution has made out a prima facie case, meaning enough evidence on its face to need an answer. If not, the trial can end in an acquittal before the defence is ever called.
When does it begin?
It opens after the court, at the end of the prosecution’s evidence, decides a prima facie case exists. The accused is then called to enter a defence.
The charge still sets what you must answer. For transactions through an account without a lawful purpose under Penal Code s424C, the law allows 3 to 10 years in jail or a fine of RM10,000 to RM150,000, or both [f2]. For possessing another person’s account under s424A, a lower but still serious range applies [f3]. The defence answers whichever section is charged.
What choices do you face?
The accused can choose whether and how to give evidence, and what other material to present. Each option has consequences, and the right path depends on the facts.
The prosecution must still prove the charge beyond reasonable doubt, so a defence can be about raising real doubt, not proving innocence. You have the right to consult and be defended by a lawyer of your choice [f1]. A lawyer can go through these choices with you before you decide.
Sources
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When does the defence case begin?
It begins after the prosecution finishes its evidence and the court finds a prima facie case, meaning enough evidence on its face to need an answer. The accused is then called to enter a defence and answer the charge. If no prima facie case is found, the trial does not reach this stage and the accused can be acquitted earlier.
Do I have to give evidence in my defence?
You have choices at this stage, and each has consequences that a lawyer should explain. Whether to give evidence, how, and what other material to present depends on your case. Do not decide this alone, because it can shape the outcome of the whole trial.
What am I trying to show in the defence case?
You are answering the prosecution's case and raising any real doubt about guilt. The prosecution still has to prove the charge beyond reasonable doubt. Your account of what you knew and intended can matter a great deal here, so careful preparation with a lawyer is important.
Related pages
If your situation is a little different, these pages cover the closest topics.
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