Must individuals disclose all requested information to MACC investigators?

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Individuals Must Disclose All Requested Information to MACC Investigators

Individuals summoned by the Malaysian Anti-Corruption Commission (MACC) for questioning are legally obligated to disclose all information within their knowledge that may aid an investigation. This duty to disclose extends to answering truthfully to the best of their knowledge and belief, without the right to refuse on grounds of self-incrimination. These investigative powers are specifically granted to MACC officers under the MACC Act 2009, a piece of legislation that overrides general criminal procedure laws.
Authority to Investigate and Summon

The MACC Act 2009 vests officers with the authority to investigate potential offenses. Section 29 of the Act mandates that if an MACC officer suspects an offense has occurred, an investigation must be initiated. Investigating officers (IOs) under the MACC Act possess powers derived from both the MACC Act itself and the Criminal Procedure Code (CPC).
Obligation to Attend and Provide Information

An IO has the power to order any individual to appear for oral examination if it is deemed helpful to an investigation. Once summoned, the person must attend as directed and continue daily until the examination is concluded. During this process, the individual is required to reveal all information within their possession or knowledge pertaining to the matter under investigation.
No Right to Refuse Incriminating Answers

Crucially, individuals being questioned by MACC investigators cannot refuse to answer on the basis that the information might incriminate themselves or their spouse. This provision represents a significant departure from the general right against self-incrimination found in other legal systems, such as the US Fifth Amendment, and even within Malaysia's own CPC under section 112, where a person can refuse to answer if it might expose them to a criminal charge or penalty.
Specific Law Overrides General Law

The MACC Act 2009 is considered a specific law (lex specialis), while the CPC is a general law. In instances where a specific statute addresses a particular matter, its provisions take precedence over the general provisions of another law. Therefore, the specific requirements of the MACC Act regarding disclosure during investigations supersede the broader protections available under the CPC. Failure to comply with this legal duty to answer truthfully constitutes an offense.

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Must individuals disclose all requested information to MACC investigators?

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