When will the abolition of the mandatory death penalty take effect?


A FEW days back, Minister in the Prime Minister’s Department Wan Junaidi Tuanku Jaafar (Parliament and Law) said the government has agreed to abolish the mandatory death penalty. It is now up to the judge to decide whether or not to impose capital punishment.

The decision is worth celebrating. Malaysia is finally moving toward abolishing capital punishment. There are other ways to deter people from crime and the death penalty should never be an option.

Malaysia is one of the Asian countries still practising capital punishment even though the practice is inhumane and violates our right to life, as provided under article 5(1) of the Federal Constitution.  

In Malaysia, there were 11 crimes that carried a mandatory death penalty. This includes S39B of the Dangerous Drug Act 1952. 

It is to be understood that the death penalty has not been abolished. The death penalty still stands, although sentencing is at the discretion of the court. 

Our criminal justice system allows for three types of sentencing, which are deterrent, rehabilitative, or in the public interest.  Such alternatives to the death penalty are being studied by the Attorney-General’s Chambers.

It is still unclear when the abolition of the mandatory death penalty will take effect and whether the new law will be applied retrospectively. 

In short, Malaysia is definitely moving forward in upholding the rule of law. The cabinet is to be commended but then again, we still have a long way to go. – June 18, 2022.

* Matilda George reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


Sign up or sign in here to comment.


Comments