Chris & Partners Advocates & Solicitors

Criminal Litigation

Criminal Litigation

Facing criminal charges in Malaysia can be daunting. Our criminal litigation team offers robust defense strategies, ensuring your rights are protected throughout the legal process. We handle various criminal cases, including theft, assault, and more, providing you with experienced and supportive legal representation. 

How Can We Help You?

We are proud to offer legal services for commercial crime, drug offenses, and corruption cases. With our experience and knowledge in these areas, we provide dedicated support tailored to your situation, making sure you have a strong advocate by your side.

We have experienced in dealing with criminal law which includes the following:

01.

Corruption Offenses

02.

White Collar Crime

03.

Anti Money Laundering

04.

Drug Offenses

05.

Immigration Offenses

06.

General Crime

FAQs

1. What statute governs drug offences?

The Dangerous Drugs Act 1952 (DDA) is the primary legislation.

For example, ≥15 g heroin or morphine, ≥40 g cocaine, ≥200 g cannabis (s 37 DDA).

Custody, control and knowledge—knowledge is often inferred from the facts.

Yes; constructive possession exists where the accused controls the premises containing the drugs.

No. The Abolition of Mandatory Death Penalty Act 2023 removed the compulsory sentence and restored judicial discretion.  

Judges may impose life imprisonment (30–40 years) plus 12-30 strokes of the cane where mitigating factors exist.

Act 847 created a 90-day window for a Federal Court re-sentencing application.   

A 2024 sentencing practice direction lists quantity, role in syndicate, presence of weapons and cooperation with authorities.

By proving on the balance of probabilities that the drugs were not for trafficking—showing personal use or lack of knowledge, for instance.

Yes, but the accused must show more than mere denial; evidence of lack of wilful blindness is required.

Possibly, if the accused can show they were duped and took reasonable steps to verify the contents.

Statements must be voluntary and recorded under CPC ss 112-113; oppression or inducement will render them inadmissible.

Breaks in the chain can create doubt whether the exhibits analysed are the ones seized, leading to acquittal.

Yes—filing a s 399 CPC notice compels the analyst to appear for cross-examination.

High Court decisions go to the Court of Appeal as of right; a further Federal Court appeal requires leave on a point of law.

Possession under s 12(3) (e.g., <5 g heroin) is bailable at the court’s discretion.

Yes. The Drug Dependants (Treatment & Rehabilitation) Act 1983 can divert an addict to a Cure-and-Care centre instead of prison.

Yes—if the accused acted under an immediate threat of death or serious harm and had no safe avenue of escape.

Courts frequently apply up to a one-third reduction on a timely plea.

Yes—s 12(3) allows a fine of up to RM 100 000 (or imprisonment up to five years) for small-quantity possession.

Yes. Providing useful information is an accepted mitigating factor under the 2024 sentencing guidelines.

Yes, and a variance of more than 2 % from the prosecution’s weight may raise reasonable doubt.

The court may exclude it where admission would compromise trial fairness.

Amnesty’s July 2024 review notes over 350 prisoners—including many foreign women—have petitions pending.  

Yes. The Anti-Money Laundering, Anti-Terrorism Financing & Proceeds of Unlawful Activities Act 2001 applies.

No. A child under 18 is instead detained at the pleasure of the Yang di-Pertuan Agong under the Child Act 2001.

After serving 30 years, subject to good behaviour and absence of drug infractions in prison.

Trafficking in ≥1 kg of ketum leaves engages the s 37 presumption under a 2017 regulation.

Mutual Assistance in Criminal Matters Act 2002 allows Malaysia to share evidence and extradite for drug offences.

UNODC and Amnesty continue urging total abolition, citing Malaysia’s October 2024 commutation decision as a positive precedent.

FAQs for Criminal Procedure (Malaysia)

1. Which statute governs criminal procedure?

The Criminal Procedure Code (CPC, Act 593), last substantively amended in the 2024 Amendment (No. 2) Act.

They expanded the First Schedule to incorporate new Penal Code ss 507B-507F dealing with bullying and on-line harassment.

Yes. The updated First Schedule lists them as arrestable offences.

No. Where harassment leads to a suicide attempt, the new s 507D(2) is expressly non-bailable.

Within 30 days of the first court mention, the prosecution must serve all digital forensic reports and any body-camera footage.

A brand-new s 426C empowers judges to receive written victim-impact statements and to explain publicly why compensation is granted or refused.

Sections 90A-90B Evidence Act allow computer records to be proved by certificate, and the CPC now expressly recognises hash-value certification.

For ordinary offences police may seek up to 14 days; security offences under SOSMA allow up to 28 days.

Article 5(3) Federal Constitution and s 28A CPC require that access to a lawyer be provided “within a reasonable time.”

Yes. The 2023 Practice Direction on Plea Bargaining lets the judge indicate a likely sentence if the accused pleads early.

The Courts of Judicature (Amendment) Act 2023 gives parties six weeks (not eight) to file the record of appeal and allows pure points of law to reach the Court of Appeal within 60 days.

Since 2024 every Sessions-Court trial is recorded in real time; certified transcripts reach counsel within 48 hours, greatly expediting appeals.

Yes. Section 272B CPC (inserted 2022) permits live-link testimony, widely used in child-sexual-offence trials.

Yes. New ss 116C-116D (in force Jan 2025) allow ex-parte orders compelling banks to disclose customer data.

The same amending Act treats certified camera footage as documentary evidence once the relevant certificate is filed.

Practice Direction 2/2024 encourages family-group conferences and diversion schemes before the charge is finalised.

Witness Protection Act 2009 and 2023 Rules allow anonymity and screen devices in trafficking or organised-crime trials.

Trafficking under DDA s 39B remains non-bailable; however, possession of less than 40 g of cannabis can be bailable in a magistrate’s discretion.

Article 7(2) Federal Constitution bars a second trial after acquittal; only the Court of Appeal may set aside an acquittal.

Yes—s 426 CPC lets a judge order the prosecution to pay costs, though the power is sparingly exercised.

Yes. The Court of Appeal can review evidential rulings under s 50 Courts of Judicature Act.

Yes. The Court of Appeal can review evidential rulings under s 50 Courts of Judicature Act.

Section 177 CPC was repealed; murder and similar charges now go straight to the High Court on registration.

Act 847 allows prisoners previously under a mandatory death or life sentence to apply to the Federal Court for re-sentencing within 90 days of notification.    

Yes—the 2024 amendments to s 116B expressly cover data stored “in any electronic system, whether in or outside Malaysia.”  

Criminal Procedure (Electronic Monitoring) Rules 2023 let courts impose ankle tags on bail or release-on-recognisance defendants.

On conviction, s 426(1A) lets the court order the accused to pay “reasonable costs of prosecution.”

The DNA Identification Act 2009 provides collection and chain-of-custody provisions; 2023 CPC tweaks cross-reference those safeguards.

Section 293A CPC permits it, provided Malaysia receives diplomatic confirmation of identity and oath administration.

Any statement obtained by inducement, threat, oppression or in breach of ss 112-113 CPC safeguards will be excluded to protect a fair trial.

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