JSJK Called You to Give a Statement

What does it mean when JSJK calls you?

JSJK (Jabatan Siasatan Jenayah Komersil) is the Commercial Crime Investigation Department of the Royal Malaysia Police. It investigates financial crimes such as fraud, money laundering and mule account offences.

If JSJK calls you in for a statement, they are investigating a case and think you may know something about it. This does not always mean you are a suspect. You may be called as a witness, as the holder of an account that received suspicious money, or because you know someone under investigation.

If your bank account has also been frozen, the statement is probably part of the same investigation. Our guide on what to do when the police call covers police contact in financial investigations more broadly.

Can a lawyer be with you?

If you are arrested, the Federal Constitution (Article 5(3)) and CPC Section 28A give you the right to consult a lawyer before questioning, and police must give you reasonable time to do so ^[f3]. There is no general right to have your lawyer sit with you during the interview.

If you are called as a witness and not arrested, whether your lawyer can come into the room is up to the officer, so ask in advance.

Before the interview, a lawyer can explain your rights and help you prepare. If the officer allows your lawyer in, they can help make sure your answers are written down correctly and advise on questions that could incriminate you. The written statement goes into the official investigation file, so accuracy matters.

If you do not have a lawyer yet, you can ask to move your appointment to a date that gives you time to get one. Our guide to finding legal help explains how to find a lawyer who handles financial crime investigations.

How does the CPC say statements are taken?

The Criminal Procedure Code (CPC) sets out how the police take statements. Section 112 lets the police call and question anyone who may know the facts of a case ^[f1].

Section 112(5) says your statement is written down whenever possible ^[f2]. The officer writes your answers as you give them. At the end, you are asked to read the statement and sign it.

Read it carefully before you sign. If anything is not what you said, point it out and ask for it to be corrected. If your lawyer is with you, they can go through it with you before you sign.

Can your statement be used in court?

Section 113 of the CPC sets technical rules on when a statement given to police can be used in evidence ^[f4]. There are exceptions, so do not assume a statement cannot be used. Get legal advice before you give one.

Section 112(2) says you must state the truth, but you need not answer a question that would expose you to a criminal charge, penalty or forfeiture ^[f5]. If a question in effect asks you to admit a crime, your lawyer can advise whether to answer.

This does not mean you can refuse to go, or refuse every question. It means you may decline specific questions that would make you incriminate yourself. Cooperate, tell the truth and let your lawyer guide you on where the line is.

How should you prepare before the appointment?

Use the time before your appointment well.

Contact a lawyer now. The earlier a lawyer is involved, the better prepared you will be. A lawyer who handles JSJK and financial crime investigations can tell you what to expect and how to deal with certain kinds of questions.

Gather your documents. Bring your identity card and any letters or notices from the bank. Also bring your bank statements for the period in question, and any messages or emails about the account or the transactions.

Write a timeline. Before you go, write down what happened, in order, as you remember it.

When did you open the account? When did the transactions happen? Who contacted you, and when? A clear timeline helps you give accurate, consistent answers.

Do not discuss the case on social media or with others. Sharing details of the investigation or your side of the story in public can cause problems. Talk about it only with your lawyer.

What happens during the session?

The JSJK officer will ask about the account, the transactions and your part in them. The questions follow the facts of their investigation, so the topics depend on your case.

Answer each question directly and truthfully. If you do not remember something, say so. Guessing can put mistakes into your statement that cause trouble later.

How long it takes depends on how complex the case is. You can ask for a break if you need one.

What happens after you give your statement?

Once you sign, the statement becomes part of the investigation record. The investigation may go on, and JSJK may call you back for more questions.

Keep copies of any documents you handed over. Ask your lawyer to note the date, time, place and the recording officer’s name for your records.

If your account is frozen, giving a statement does not change the freeze by itself. The investigation process runs on its own timeline. Your lawyer can advise whether to apply for a variation to release frozen funds while the investigation continues.

What if you are a student or young adult?

You may be a student or young adult who took part in an online job or money transfer that turned out to be linked to crime. If so, JSJK may call you in a mule account investigation. This is stressful, and getting a lawyer’s advice first is important.

Some young people are drawn in through online job offers or requests from people they know. The first steps after the authorities contact you are the same at any age: get a lawyer, gather your documents, and cooperate while protecting your rights.

Sources

1. Criminal Procedure Code (CPC), Sections 112, 113, 113(1)
2. Federal Constitution of Malaysia, Article 5(1)
3. Malaysian Bar Council, rights during police questioning guidance
4. Royal Malaysia Police, JSJK (Commercial Crime Investigation Department) procedures