CHAPTER 65:

CRIMINAL
INVESTIGATION

DIPLOMA IN LAW ENFORCEMENT

Introduction to Law Enforcement
(DLE 1043)
COURSE LEARNING OUTCOME
At the end of this module, students
will be able to:

1.Explain the role and scope of law enforcement

entities in Malaysia.

2.Orally discuss the effectiveness of crime prevention

and control efforts of law enforcement agencies.
3.Elaborate the challenges faced by employees of law
enforcement agencies by connecting abstract theory
with practical applications.
LESSON OUTCOME
AT THE END OF THIS CHAPTER,
STUDENTS WILL BE ABLE TO;
1. Explain the elements and stages of
crime
2. Define criminal investigation and
criminal investigation process
3. Discuss the process of arrest,search &
seizure
elaborate on remand & prosecution
process
 ASSESSMENTS

TEST = 20% | WEEK 5

ASSIGNMENT = 15% |WEEK 8
PRESENTATION = 15% | WEEK
10
FINAL EXAM = 50% | WEEK 16
 DEFINITION
t2020
HAA/DLE1043/Sep

An ACTION or
OMISSION
(failure to fulfill moral or
legal obligation)
which constitutes an
offence and is
punishable by law.

-Oxford English Dictionary

 • murder,
• assault,
1. VIOLENT • rape,
CRIME • sexual assault,
• robbery

2. CRIME • burglary,
TYPES OF CRIME

• motor vehicle theft,

AGAINST
• arson
PROPERTY
HAA/DLE1043/Sep

• money-laundering,
3. WHITE-COLLAR • tax evasion,
• embezzlement
CRIME
• cheating
• drug trafficking,
4.ORGANIZED • migrant smuggling,
• human trafficking,
CRIME
• firearms trafficking,

• Illegal drug use,

5.CONSENSUAL • prostitution,
CRIME • gambling,
• pornography
 STAGES OF CRIME
1.INTENTION
HAA/DLE1043/Sep

2.PREPARATION

3.ATTEMPT
 ELEMENTS OF CRIME
LATIN WORDS

1. MENS REA
2. ACTUS REUS
HAA/DLE1043/Sep

The intention to Criminal Action

commit crime
GUILTY MIND GUILTY ACT
(intention/knowledge / awareness)
ELEMENTS OF CRIME
SECTION 299 OF SECTION 300 OF
PENAL CODE PENAL CODE
(CULPABLE HOMICIDE
NOT AMOUNTING TO (MURDER)
MURDER) *Membunuh

*Mematikan orang dengan MENS REA + ACTUS

salah yang REUS = DEATH
tidak disabitkan
membunuh*

MENS REA + ACTUS

REUS = PRISON
 ELEMENTS OF CRIME
HAA/DLE1043/Sep

Example of Scenario:

Muthu gives sudden provocation to Hasan. Hasan then

fires a pistol at Muthu, neither intending nor knowing
himself to be likely to kill Robert, who is near him, but
out of sight. Hasan kills Robert. Here Hasan has NOT
committed murder, but merely culpable homicide not
amounting to murder.
 LAWS OF MALAYSIA

CRIMINAL PROCEDURE
HAA/DLE1043/Sep

PENAL CODE CODE (KANUN PROSEDUR

(KANUN JENAYAH)

KESEKSAAN)

(AKTA DADAH BERBAHAYA 1952) & DRUG

DEPENDANTS (TREATMENT AND REHABILITATION)
ACT 1983 (AKTA PENAGIH DADAH)

POLICE ACT 1967

(AKTA POLIS 1967)
 LAWS OF MALAYSIA

1.IMMIGRATION ACT
1959/63 (AKTA
IMIGRESEN
1959/63)
2.PASSPORT ACT
HAA/DLE1043/Sep

1966 (AKTA PASPOT

1966)

ANTI-TRAFFICKING IN PERSONS AND

ANTI-SMUGGLING OF MIGRANTS ACT 2007
(AKTA ANTIPEMERDAGANGAN ORANG DAN
ANTIPENYELUDUPAN MIGRAN 2007)
 LAWS OF MALAYSIA
DANGEROUS DRUGS
ACT 1952 (AKTA DADAH
BERBAHAYA 1952) &
DRUG DEPENDANTS
(TREATMENT AND
REHABILITATION) ACT
1983 (AKTA PENAGIH
HAA/DLE1043/Sep

DADAH (RAWATAN DAN

PEMULIHAN) 1983)
CUSTOMS ACT 1967
(AKTA KASTAM 1967)

ANTI-MONEY LAUNDERING, ANTI- TERRORISM

FINANCING ACT 2001 (AKTA PENCEGAHAN
PENGUBAHAN WANG HARAM DAN PENCEGAHAN
PEMBIAYAAN KEGANASAN 2001)

ANTI-TRAFFICKING IN PERSONS AND ANTI-

SMUGGLING OF MIGRANTS ACT 2007
(AKTA ANTIPEMERDAGANGAN ORANG
DAN ANTIPENYELUDUPAN MIGRAN 2007)
 WHAT IS
CRIMINAL
INVESTIGATION?
HAA/DLE1043/Sep

Definition

• A broad range of specialist try to determine how

crime occurred, find evidence-based fact or pattern
to prove the guilt or innocence of a suspect in a
crime.
• A set of TASK and THINKING skills to solve a
problem / crime.
HAA/DLE1043/Sep
 DEFINITION OF
ARREST
HAA/DLE1043/Sep

• The RESTRAINT of liberty and movement

a person’s and is usually done inorder to
require the person to be obedient to the
law.
 POWER TO
ARREST
• Individual with
the powers
HAA/DLE1043/Sep

given by the
law to arrest.

POLICE OFFICER
Sec. 2 0 ( 3 ) ( a )
Police A c t 1 9 6 7
 POWER TO ARREST
CUSTOMS O F F I C E R
Sec. 1 1 6 ( 1 )
Customs A c t 1 9 6 7
HAA/DLE1043/Sep

IMMIGRATION OFFICER
Sec. 3 9 ( 1 )
Immigration A c t
1959/63
 ARREST
• Types o f a r r e s t
• i. with warrant
• ii. withOUT warrant
HAA/DLE1043/Sep

• REASONS FOR
ARREST
 HOW TO MAKE AN
ARREST?
HAA/DLE1043/Sep

SEC. 1 5
C R I M I N A L P R O C E D U R E CODE ( C P C )
HOW TO MAKE
AN ARREST?

HAA/DLE1043/Sep
 HOW TO MAKE AN
ARREST?
SEC. 1 5 C R I M I N A L P R O C E D U R E CODE
HAA/DLE1043/Sep

(CPC)
 SEARCH
1. Search
place
or
premises
HAA/DLE1043/Sep

2. Search
body
of a
person
 SEARCH

HAA/DLE1043/Sep
 BODY SEARCH PROCEDURE
Sec. 20A Criminal Proceedure Code
1.PAT DOWNS – searching by quickly running
the hands over the outer clothing
HAA/DLE1043/Sep

2. STRIP SEARCH – removal of some part / all

clothing.

3. INTIMATE SEARCH – physical examination on

body’s opening / hole (except nose, mouth, ear).

4. INTRUSIVE SEARCH – examination for any

existence of any object, weapon, evidence and
contraband inside the body and the removal process
of them
 USE OF FORCE TO PREMISES
Sec. 16 Criminal Procedure Code

• Give power to person with warrant to

demand entry to a place where they
believe the person to be arrested is
hiding. The owner of the place must allow
HAA/DLE1043/Sep

and facilitate the search.

• If he refuses, the person with warrant
may break doors or windows to enter
for the fears that suspect may escape.

Sec. 106A(3) Custom Act 1967

 SEIZURE
DEFINITION
HAA/DLE1043/Sep

Taking of
things by
the officer
conducting
the search
 Sec. 114(1) Custom Act
SEIZURE
Sec. 435 CPC
HAA/DLE1043/Sep

Sec. 49A(1) Immigration Act

 • From time of
WHEN? ARREST to before
being CHARGED
HAA/DLE1043/Sep

• Individual with the powers given

by the law to investigate .
• Police Officers
WHO? • Senior Custom Officers
• Anti-corruption Officers
• Drug Enforcement Officers
• Immigration Officers

• To obtain evidence
WHY? to support the case
 INVESTIGATION
HAA/DLE1043/Sep

• Normally starts with FIRST

INFORMATION REPORT (FIR) /
POLICE REPORT.
• Investigation can be done by:
i. Police - by Sergeant and above
ii. Customs – by Senior Officer
iii.Immigration – by Senior Officer
 REMAND
• after arrest is made, A suspect can
only be detained for investigation in the
police station NOT MORE than 24 hours
(INITIAL INVESTIGATION).
• If the investigation cannot be completed
within 24 . hours, the law enforcement
HAA/DLE1043/Sep

officer has to bring the suspect to the

Magistrate to EXTEND THE DETENTION for
MORE THAN 24 HOURS. this is REMAND

• The suspect will be

detained in the
lock-up during the remand
process.
 REMAND
• A Magistrate is a judicial officer who has the
power to make a remand order.

• The purpose of remand:

i. To give more time to complete the
investigation
HAA/DLE1043/Sep

ii. To decide whether there is enough

evidence to charge the suspect.

• The MAXIMUM days of remand is 14 days.

• At remand stage, a SUSPECT IS STILL

INNOCENT.
 PROSECUTE

Definition To conduct legal proceedings

against a person.
HAA/DLE1043/Sep

The law enforcement is

responsible to decide whether or
not to prosecute a suspect.

• If the law enforcement decides to initiate a

prosecution, they may choose the offences to
be charged.

• The case then will go through the TRIAL in

court.
 PROSECUTE
 The TRIAL / PROSECUTION PROCESS will be conducted
by the ATTORNEY GENERAL’S CHAMBERS (AGC).The
Attorney General (AG) shall be the Public Prosecutor
HAA/DLE1043/Sep

 Based on Article 145 (3) Federal Constitution)

 However since the number of cases in the country is high, it

is impossible for the AG alone to conduct/handle all the
cases.
 Therefore the AGC appoints a large number of Deputy
Public Prosecutor (DPP) to represent the AG in conducting
criminal cases in the courtry.
In Malaysia prosecutors are NOT investigators
because they cannot investigate the crime on their
own.

All the information about offences / crimes will be

given by the authorized law enforcement officers to
the Deputy Public Prosecutor (DPP) to assist in the
prosecution process.
 CONCLUSSION
1. Element of crime consist of actus reus and mens rea
2. Criminal investigation is a set of TASK and THINKING
skills to solve a problem / crime.
3. There are 5 crime investigation process;
ARREST,SEARCH,SEIZURE,INVESTIGATION &
PROSECUTE

4. Remand is the duration for detaining a suspect who

has been arrested but the initial investigation cannot be
completed in 24 hours after the arrest
5. Prosecution Process is a criminal legal proceeding
against a person and the power to prosecute is with the
Attorney General.
 References
1. V.Ramakrishnan, Masri bin Abdul Lasi,The Influence of Leadership on
Employee Job Performance among Royal Malaysian Police in Klang Valley,
Vol. 2 No. 1 (2020),DOI: 10.18488/journal.138.2020.21.1.11
2. Mohamad Sahizan bin Abdul Rahim, et. al. “Disaster Management: Roles
and Responsibilities of Royal Malaysia Police." International Journal of
Business and Management Invention (IJBMI), vol. 09(11), 2020, pp. 14-17.
Journal DOI- 10.35629/8028
3. Lim SB, Yong CK, Malek JA, Jali MFM, Awang AH, Tahir Z. Effectiveness of
Fear and Crime Prevention Strategy for Sustainability of Safe
City. Sustainability. 2020; 12(24):10593. https://doi.org/10.3390/su122410593
4. Chung, K.L., Ng, M. & Ding, I.L. Investigative Interviews with Suspects and
Witnesses: A Survey of Perceptions and Interview Practices Among
Malaysian Police. J Police Crim Psych (2021).
5. https://www.thestar.com.my/opinion/letters/2021/05/10/where-is-malaysias-
police-force-heading-under-its-new-igp
6. https://www.thestar.com.my/news/nation/2021/03/24/214th-police-day-
integrity-biggest-challenge-for-pdrm
BORANG AKUAN
PELAJAR