Government agrees to abolish mandatory death penalty
Published on: Saturday, June 11, 2022
By: Bernama
Kuala Lumpur: The Government has agreed to abolish the mandatory death penalty and to substitute it with other sentences that are subject to the discretion of the court.Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar (pic) said the decision was reached after he presented the Report on Substitute Sentences for the Mandatory Death Penalty at the Cabinet meeting last Wednesday.
ADVERTISEMENT
“The Government has also agreed in principle to accept and take note of the recommendations made by the Special Committee on Substitute Sentences for the Mandatory Death Penalty as explained in the report,” he said in a statement, Friday.
The Committee is led by former Chief Justice Tun Richard Malanjum and comprises legal experts such as a former Chief Judge of Malaya, a former Solicitor-General, legal practitioners, a law lecturer and a criminologist.
Wan Junaidi said the Cabinet also agreed that further study be carried out on the proposed substitute sentence for 11 offences carrying the mandatory death penalty, one of which is under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 offences carrying the death penalty but with the discretion of the court.
Wan Junaidi said the study would be carried out in collaboration with the Attorney-General’s Chambers, the Legal Affairs Division of the Prime Minister’s Department and other relevant ministries and departments.
ADVERTISEMENT
He said the move was highly significant to ensure that all amendments to the relevant laws would take into account the principles of proportionality and constitutionality of any proposal made to the Government later.
The Minister said the Government will also carry out a feasibility study on the direction of the criminal justice system in the country, such as having pre-sentencing procedures, a sentencing council and a sentencing guideline.
ADVERTISEMENT
Also to be studied is the setting up of a Law Commission, Prison Reform and the execution of sentences based on restorative justice.
“The decision on this matter shows the Government’s emphasis on ensuring the rights of all parties are protected and guaranteed, thus reflecting the transparency of the country’s leadership in improving the country’s criminal justice system,” he said.
Wan Junaidi added that the Government had also expressed appreciation for the commitment given by the committee in producing the report which will be the basis for a more systematic and effective change in the country’s criminal justice system.
Meanwhile, the Government has yet to set a timeframe for the abolition of the mandatory death penalty to take effect, said Wan Junaidi.
He said many areas need refining, including the proposal to set up a tribunal to study cases already served with the mandatory death sentence.
“In terms of constitutionality, this needs to be looked into by the A-G’s (Attorney-General) side and (also) my ministry because if it contradicts the constitution, it cannot be implemented,” he told reporters in Kuching.
He was elaborating on the media statement issued earlier in which the Government agreed to abolish the mandatory death penalty and to grant judges discretion in sentencing.
According to Wan Junaidi, several sections in the Act that provides for the mandatory death penalty, besides other relevant sections, also need to be further refined before the abolition can be implemented.
He further said all current cases with mandatory death sentences that have yet to be decided by the courts will be postponed until the decision takes effect.
“All this must be studied in detail and also the types of punishment we need to introduce. That is my job now because the Government has approved the reduction of these sentences,” he said, while also expressing hope that the decision will have the full backing of all parties.
He said the definition of the mandatory death penalty needed to be understood in which there were some Acts that did not give the courts the option to use their discretion to impose other sentences.
(With) the abolition of the mandatory death penalty, we now leave it to the discretion of the judges whether (to impose) the death penalty or some other punishment,” he said.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
.jpg)
.jpg)
