Govt agrees to abolish mandatory death penalty: Wan Junaidi
In a statement, he said Putrajaya decided to substitute the mandatory provision with other types of punishment that would be decided by the court.
The decision was reached after...
The government has agreed to abolish the mandatory death penalty, said Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar.
In a statement, he said Putrajaya decided to substitute the mandatory provision with other types of punishment that would be decided by the court.
The decision was reached after Wan Junaidi (above) presented to the cabinet on Wednesday a report titled Study on Substitute Punishments To Mandatory Death Penalty.
“The cabinet has agreed that a further study should be carried out on the proposal to have substitute punishment for 11 offences which carry the mandatory death penalty, one offence under Section 39B of the Dangerous Drugs Act and 22 offences which carry the death sentence but under the discretion of the court.”
There are 32 sections in eight federal laws that provide for the death sentence for those convicted of the crimes they have been charged with.
A mandatory death penalty means the judge can only sentence the accused to death upon conviction, except if the accused has a mental disorder.
Currently, there are 11 offences that carry the mandatory death sentence. They include crimes such as murder with intent to kill, drug trafficking, and possession of firearms.
For the remaining crimes, the punishment is at the judge’s discretion.
READ MORE: Six things you need to know about the death penalty
According to Wan Junaidi, the government has also accepted on principle proposals made by a special committee on substitute punishments to the mandatory death penalty, which is chaired by former chief justice Richard Malanjum and consists of legal experts and criminologists.
“The further study will be conducted in cooperation between the Attorney-General’s Chambers, the Legal Affairs Division of the Prime Minister’s Department, and other related departments and agencies.
“This move is very significant to ensure amendments to be made on Acts will take into consideration the proportionality and constitutionality of any suggestion made to the government,” he said.
Wan Junaidi said that the government’s decision shows that it gives priority to protecting and ensuring the rights of every party in the country, and thus shows the transparency of the country’s leadership in improving Malaysia’s criminal justice system.
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