Police Want a Statement About Your Account?

Why Police Are Calling About Your Account

Police from JSJK (the Commercial Crime Investigation Department) or a district station may ask you to give a statement about your bank account. That means your account has come up in an investigation. ^[f1] It does not mean you are being charged, only that the police are gathering facts about certain transactions.

Your account may have received money from a scam victim, been used for transfers you did not allow, or been named in someone else’s police report. The officer may already have your bank records before calling you. The statement is their chance to hear your explanation.

What you say in this first statement goes into the official investigation paper. ^[f5] That paper goes to the Attorney General’s Chambers and shapes the decision on your case. This is why preparing matters.

Your Rights Before You Go

Some protections apply before you even reach the police station.

You can ask to see a lawyer. You can speak to a lawyer before you go, and if you are arrested, Article 5(3) of the Federal Constitution gives you the right to consult one. ^[f3] This is not a sign of guilt.

You can ask for a reasonable date. You must attend, but you can ask for a date and time that gives you time to arrange a lawyer. A polite, reasonable request is normal.

You can ask what it is about. Ask the officer for the investigation reference number and which transactions are involved. This helps you and your lawyer bring the right documents.

Section 112 and Section 113: Why They Matter

Section 112 (examining a person). The officer questions you as someone who may know facts about the case. ^[f1] You must state the truth, but you may refuse a question whose answer would expose you to a criminal charge. Your answers are written down, read back to you and signed.

Section 113 (using statements in evidence). This section sets rules on whether a statement made to police can be used in court later. ^[f2] The rules have exceptions and are technical, so do not assume a statement can or cannot be used. Get legal advice before you give one.

How to Prepare for Your Statement

Preparing with a lawyer helps you give clear, accurate answers.

Bring your bank records. Bring statements for the period in question, and papers that show how you normally use the account: salary slips, business invoices or transfer receipts.

Write a clear timeline. With your lawyer, set out when you opened the account, what you use it for, when the unusual transactions appeared, and when you first noticed something was wrong.

Get ready for the usual questions. The officer will likely ask who you dealt with, whether you know certain people, and whether you allowed certain transfers. Your lawyer will show you how to answer clearly without guessing.

Read before you sign. After the statement is recorded, you can read it and ask for corrections. Do not sign anything that does not match what you said. Your lawyer will check it with you.

What Happens After Your Statement

The officer puts your statement into the investigation paper with your bank records, other witness statements and any digital evidence. ^[f5] The finished paper goes to the Attorney General’s Chambers for a decision.

They may charge you under Penal Code sections 424A, 424B or 424C. The penalties are: ^[f4]

• 424A: a fine of RM5,000 to RM50,000 or 6 months to 5 years in jail, or both
• 424B: a fine of RM10,000 to RM100,000 or 1 to 7 years in jail, or both
• 424C: 3 to 10 years in jail or a fine of RM10,000 to RM150,000, or both

They may also take no further action (NFA) if the evidence is weak, or send the paper back for more work.

Your lawyer keeps in touch with the officer to follow the case. If your account is frozen, your lawyer can also start asking for money for living costs while the investigation goes on.

Why a Well-Prepared Statement Protects You

Your first statement sets the tone for everything after it. A clear, truthful statement backed by documents shows the officer you are cooperating. A vague or contradictory one, even from someone completely innocent, can cause problems that are hard to fix.

Seeing a lawyer before your appointment is not about hiding anything. It helps your account of events come across clearly in a form the legal system can use.

Sources

1. Criminal Procedure Code (CPC), Sections 112, 113 - AGC
2. Federal Constitution, Article 5(3) - JAC
3. Malaysian Bar, Rights of a Person During Police Investigation - Malaysian Bar
4. Low & Partners, “Keldai Accounts: When Helping a Friend Becomes a Criminal Offence” - Low & Partners
5. Penal Code, Sections 424A-C