# Criminal Procedure Code: From Arrest to Trial

> A neutral guide to how a criminal case moves under Malaysia's Criminal Procedure Code (Act 593) — from the moment of arrest, through remand detention, charging, bail applications, up to a full trial.

- Category: law
- Language: en
- Status: published
- Updated: 2026-08-07
- Canonical: https://negaraku.md/en/law/criminal-procedure-code

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When a person is arrested in Malaysia, what happens after that moment — whether they are released, detained, charged or tried — is not decided arbitrarily. It is laid down step by step by the Criminal Procedure Code (Act 593), or the CPC for short.

## What does the CPC govern, and what does it not?

The CPC does not define what a crime is. That work is done by the Penal Code and other statutes, which list offences such as theft, robbery or murder along with their punishments. Instead, the CPC is the procedural companion to those laws: it sets out *how* a case moves from the moment of arrest to the court's decision.

Its function is to balance two interests. On one side, the state's power to investigate and prosecute; on the other, the rights of the individual guaranteed by Article 5 of the Federal Constitution. Every stage below — arrest, remand, bail and trial — is where these two interests meet.

## What happens at the moment of arrest?

Under section 15 of the CPC, an arrest occurs when an officer touches or confines the body of the person to be arrested, unless that person submits to custody by word or action. An arrest may be made with or without a warrant, depending on the type of offence.

Section 28A of the CPC codifies the rights of an arrested person, in line with Article 5(3) of the Constitution, which guarantees the right to be informed of the grounds of arrest and the right to consult a lawyer of choice. Among the rights listed:

- The right to be informed of the grounds of arrest by the arresting officer.
- The right to contact a relative or friend to inform them that he has been arrested and of his location.
- The right to contact and consult a lawyer of his choice.
- Consultation with a lawyer may take place at the place of detention, within the sight of a police officer but sufficiently private that the conversation is not overheard.

The same provision states that questioning of the arrested person is generally deferred until the consultation with the lawyer of choice has taken place. There are certain exceptions and limitations in the law for specific circumstances, and the application of these rights sometimes becomes a disputed issue in court.

## How long can someone be detained before being charged?

This is perhaps the most frequently misunderstood part of the CPC. After an arrest, the police cannot detain a person indefinitely to investigate. Article 5(4) of the Federal Constitution provides that an arrested person who is not released must be brought before a Magistrate within 24 hours, excluding the time necessary for the journey to court, and may not be detained longer without the Magistrate's authority.

If the investigation cannot be completed within 24 hours, the police must bring the person before a Magistrate and apply for a remand order under section 117 of the CPC. It is the Magistrate — not the police — who decides whether, and for how long, detention is extended. The maximum limit varies according to the seriousness of the offence being investigated:

| Seriousness of offence | First remand | Second remand | Maximum total |
| --- | --- | --- | --- |
| Punishable by less than 14 years' imprisonment | Up to 4 days | Up to 3 days | 7 days |
| Death penalty or imprisonment of 14 years or more | Up to 7 days | Up to 7 days | 14 days |

Remand is detention to assist the investigation, not a punishment and not a charge. At the end of the remand period, investigators must ordinarily either bring a charge, release the person, or (in some circumstances) apply for a further order. The period granted by the Magistrate is often an issue argued by the prosecution and the defence.

## When can someone be released on bail?

Bail is the release of a person from custody on condition that they attend court again. The CPC, through its First Schedule, classifies offences into categories that determine the treatment of bail.

For a **bailable offence** (section 387), the accused is in principle entitled to be released on bail. For a **non-bailable offence** (section 388), the grant of bail is not an automatic right but rests on the Court's discretion. In weighing that discretion, the court ordinarily considers factors such as the likelihood of the accused fleeing, the risk of further offences, and the possibility of interference with the investigation.

For offences punishable by death or life imprisonment, bail is generally not granted, subject to certain exceptions provided in the law for categories such as those under a certain age, women, or persons who are infirm. Besides bail by the court, the law also allows release at the police stage before charge in certain circumstances. Whether bail should be granted, and in what amount, is often a question argued separately before the main case is heard.

## How does a criminal trial proceed?

When the investigation is complete and a decision to prosecute is made, the case enters the court phase. The flow, in brief:

1. **The charge is read.** The accused is brought to court and the charge stating the specific offence is read out and explained to them.
2. **The plea.** The accused pleads guilty or not guilty. A fully understood plea of guilty can lead to a conviction without a full trial; a plea of not guilty takes the case to trial.
3. **The prosecution's case.** The prosecution calls witnesses and presents evidence. The defence has the right to cross-examine the witnesses.
4. **Assessment of a prima facie case.** At the close of the prosecution's case, the court assesses whether a prima facie case exists — that is, evidence which, if unrebutted or unexplained, would warrant a conviction (section 173 for summary trials; section 180 for High Court trials). If there is none, the accused is acquitted at this stage.
5. **The defence.** If a prima facie case is made out, the accused is called to enter a defence and may give evidence and call witnesses.
6. **The decision.** At the close of the trial, the court convicts the accused only if the prosecution proves its case beyond reasonable doubt (section 182A); if not, the accused is acquitted.

The type of court and the exact procedure depend on the seriousness of the offence — the Magistrates' Court, the Sessions Court or the High Court each handle a different range of cases. A party dissatisfied with the decision ordinarily has an avenue of appeal to a higher court.

## What next

The CPC is a procedural framework, and reading this article does not replace the official text of Act 593 or legal advice. To understand the full picture, the CPC is best read together with the Penal Code, which defines the offences themselves, and with the constitutional rights under Article 5. Anyone facing a real situation — whether arrested, remanded or charged — is encouraged to consult a qualified lawyer, as the application of each provision depends on the specific facts of each case.

## Sources

- Criminal Procedure Code (Act 593), teks rasmi — https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1688322_BI/ACT%20593_CRIMINAL%20%20PROCEDURE%20CODE_18.10.2021.pdf (Attorney General's Chambers of Malaysia (Laws of Malaysia))
- Federal Constitution (Reprint As at 15 October 2020), teks rasmi — Perkara 5 — https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Federal%20Constitution%20(Reprint%202020).pdf (Attorney General's Chambers of Malaysia (Laws of Malaysia))
- FAQ on Arrest, Remand and Bail in Malaysia — https://mahwengkwai.com/faq-on-arrest-remand-and-bail-in-malaysia/ (MahWengKwai & Associates)
- Understanding Criminal Proceedings in Malaysia (An Easy Guide) — https://www.tkplaw.co/articles_18.html (Teh Kim Poo & Co (TKP Law))

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