Your Rights During Police Investigation

What happens during a police investigation

A police investigation starts when someone makes a report or the police find a possible offence. ^[f1] Under CPC Section 112, the police can question anyone who may know the facts of the case. So they can call you to the station and ask about your account, your transactions, or the other people involved.

Being called in does not mean you are guilty. It means the police are collecting information and your account or name has come up. Some people called in frozen account cases are witnesses, or account holders whose accounts were used without their full knowledge.

Your right to consult a lawyer before questioning

^[f3] If you are arrested, Article 5(3) of the Federal Constitution and CPC Section 28A give you the right to consult a lawyer, and police must give you reasonable time to do so before questioning, unless a senior officer authorises otherwise.

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.

Contact a lawyer before you go to the station. If you have no lawyer, ask the police to contact the Bar Council’s Legal Aid Centre for a duty lawyer. If you are arrested, the police should hold off questioning for a reasonable time while you contact a lawyer.

Asking for a lawyer is not a sign of guilt. Your lawyer can tell you which questions to answer and what to check in your statement before you sign it. If the officer allows your lawyer in, they can sit with you during the questioning.

If you need to find legal help, start before the date you are called in.

What you must answer and what you can refuse

When the police question you, you must give your name, IC number and address. Everyone has to give these basic details.

^[f4] Beyond that, you must answer police questions truthfully, but you cannot be forced to answer questions whose answers could expose you to a criminal charge. If a question asks you to admit an offence or give information that could be used against you in court, you can decline.

For questions about plain facts that do not incriminate you, it is usually wise to cooperate. Your lawyer can help you tell which questions are which. That is why a lawyer’s advice matters in cases involving frozen accounts.

How your statement is recorded and used

^[f2] CPC Section 113 sets rules on whether a statement you make to the police can be used as evidence. The rules are technical and have exceptions, so get legal advice before you give a statement. Do not assume a statement cannot be used against you.

A statement is written down and signed only after it has been read back to you in the language you spoke and you have had a chance to correct it. Before you sign, read it carefully. If anything does not match what you said, ask for it to be corrected. Do not sign a statement with mistakes in it, because once signed it becomes part of the investigation record.

Your lawyer can go through the statement with you before you sign. This simple step stops a misunderstanding from going into the official record. The same rules apply if the police record your statement in a JSJK matter.

Asking for an interpreter

^[f5] If you are not comfortable in the language used during questioning, you have the right to ask for an interpreter. This applies to Bahasa Malaysia, English or any other language. The police should arrange interpretation so you understand every question and your answers are recorded correctly.

The interpreter’s name and presence should be noted in the statement. If the statement is written in a language you do not fully understand, do not sign it until it has been read back to you in your own language.

Small misunderstandings in wording can change what your answers mean. In frozen account investigations, the exact words about when you knew something or what you agreed to can matter a great deal.

How these rights protect your case

Using your rights is not about being difficult. It is about making sure the investigation is fair and the information collected is accurate.

A voluntary and accurate statement strengthens your position, whether the case goes to court or ends earlier. A wrong or forced statement can cause problems that are hard to undo later. Your account holder rights are better protected when the investigation is done properly.

Giving the right documents and explanations during the investigation may help the police decide whether to charge you.

What happens after the investigation

When the police finish, the case file goes to the Deputy Public Prosecutor. The prosecutor decides whether to charge you, ask for more investigation, or close the case. There is no fixed time for this decision.

If you are charged, the case moves to the court process. If you are not charged, the freeze on your account may be lifted, though this often needs a separate application. Your lawyer can follow up with the Investigating Officer and the bank.

While you wait, keep copies of every document you gave and any receipts or reference numbers from the police. Stay in touch with your lawyer. If things change or the police call you back for more questioning, the same rights apply every time.

Sources

1. Criminal Procedure Code (CPC), Section 112: Examination of Witnesses by Police
2. Criminal Procedure Code (CPC), Section 113: Statements to Police Must Be Voluntary
3. Federal Constitution of Malaysia, Article 5(3): Right to Legal Representation
4. Criminal Procedure Code (CPC), Section 28A: Right to Counsel During Investigation
5. Federal Constitution of Malaysia, Article 5(1): Protection Against Self-Incrimination