Criminal Defence Lawyer in Malaysia
Criminal Procedure Code · Penal Code · Dangerous Drugs Act 1952
Magistrates’ · Sessions · High Court · Court of Appeal · Federal Court
Criminal defence work in Malaysia is governed procedurally by the Criminal Procedure Code (CPC) and substantively by the Penal Code, the Dangerous Drugs Act 1952, the Prevention of Crime Act 1959 and a range of subject-matter statutes (Sexual Offences Against Children Act 2017, Penal Code amendments on cyber-offences, the Computer Crimes Act 1997 and others).
Charges originate either by police charge sheet (saman) or by direct private summons. The court of first instance depends on the prescribed punishment: Magistrates’ Court for offences punishable by up to ten years’ imprisonment, Sessions Court for those punishable up to twenty years, and the High Court for offences carrying life imprisonment or the death penalty. Appeals lie to the High Court (from Magistrates’ / Sessions), the Court of Appeal, and ultimately the Federal Court.
Chris & Partners conducts criminal defence work across all of these courts, with particular focus on Johor. The firm advises at every stage — from arrest and remand through bail, charge, plea, trial, sentencing and appeal — and represents both Malaysian nationals and Singaporean clients who have been charged in Malaysian courts.
Stages of a Malaysian criminal matter
Arrest and remand
- Police powers under sections 23–28 CPC
- Initial 24-hour detention; remand applications under section 117 CPC
- Right to legal representation under section 28A CPC
- Application for revision of remand orders under section 323 CPC
Bail
- Bailable, non-bailable and unbailable offences
- Court bail v police bail
- Conditions: passport surrender, reporting, sureties, prohibition on contacting witnesses
- Variation and forfeiture of bail
Charge and plea
- Reading of the charge in court
- Plea options: guilty, not guilty, claim trial
- Plea-bargaining under section 172A–D CPC
- Pre-trial case management
Trial, sentencing and appeal
Prosecution case (examination-in-chief, cross-examination, re-examination); submission of no case to answer (section 173(f) CPC); defence case (putting the accused to defence, calling defence witnesses); burden and standard of proof — proof beyond reasonable doubt. Sentencing principles: proportionality, parity, mitigation, aggravation; mandatory minima (e.g. section 39B Dangerous Drugs Act 1952 for drug trafficking). Appeals to the High Court within 14 days (section 307 CPC); Court of Appeal by leave or as of right; Federal Court by leave on questions of public importance.
Common matter types handled
- Drug offences under the Dangerous Drugs Act 1952 (sections 6, 12, 39A, 39B)
- Offences against the person — assault, voluntarily causing hurt, grievous hurt, culpable homicide
- Property offences — theft, criminal breach of trust, cheating, forgery
- Commercial / white-collar — anti-money-laundering (AMLATFPUAA), corruption (MACCA)
- Sexual offences — Penal Code chapters XVI–XVII, Sexual Offences Against Children Act 2017
- Traffic & road-transport offences — Road Transport Act 1987, dangerous driving, drink-driving
- Cyber-offences — Computer Crimes Act 1997, CMA section 233 communications offences
How the firm assists
- Attendance at police stations on instruction
- Bail applications and revision of remand
- Drafting and filing of representations to the Public Prosecutor (rep letters)
- Plea-bargaining negotiations
- Full trial advocacy
- Sentencing mitigation
- Appeals through the full Malaysian appellate hierarchy
Cross-border (Singapore)
The firm regularly advises Singaporean clients charged in Malaysian courts (especially Johor), including issues of bail for foreign nationals, attendance, and travel-document surrender.
See also: Criminal Defence Lawyer in Johor Bahru and Batu Pahat for Johor-specific information.
Contact
Telephone: +60 17-702 2800
Email: [email protected]
Office: No 1-10 (1st Floor), Jalan Maju 1, Taman Maju, 83000 Batu Pahat, Johor.