[UPDATED] Govt to abolish mandatory death penalty: Wan Junaidi

KUALA LUMPUR – The government has agreed to abolish the mandatory death penalty, leaving sentencing to the court’s discretion.

Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said the decision was reached following the presentation of a report on the study of substituting sentences on mandatory death penalty that he presented in the cabinet meeting on Wednesday.

In a statement today, he said the government has accepted and taken note of recommendations from the special committee on substituting sentences on mandatory death penalty that were explained in the report.

The committee is headed by former chief justice Tun Richard Malanjum and comprises experts in the field of law like the chief justice of Malaya, former solicitor-general, legal practitioners, law lecturers from public education institutes and criminologists.  

“I confirm that cabinet has agreed that further scrutiny and study be carried out on the proposed substitute sentence for 11 offences carrying the mandatory death penalty, one offence under section 39B of the Dangerous Drugs Act 1952 and 22 offenses carrying the death penalty but at the discretion of the court.”

He added that further studies will be carried out in collaboration with the Attorney-General’s Chambers, legal affairs division, Prime Minister’s Department and other interested ministries.  

“This action is very significant to ensure that the amendment of related acts takes into account the principle of proportionality and constitutionality of any proposal to the government later on.”

The Santubong MP explained that the abolishment of the mandatory death penalty shows the government’s emphasis on ensuring that the rights of all parties are protected and guaranteed, thus reflecting the transparency of the country’s leadership in improving the country’s dynamic criminal justice system. 

The government, he said, will also study the feasibility of the criminal justice system’s direction in the country, such as the establishment of a pre-sentencing procedure, sentencing council, sentencing guidelines, law commission, prison reform as well as the implementation of sentences based on restorative justice.

For the record, under Section 39B of the Dangerous Drugs Act, offenders can face the death penalty and life imprisonment for possession of 15g of heroin and 50g of methamphetamines (meth). 

In a separate statement issued by Wan Junaidi’s office, here are the 11 offences which carry a death penalty sentence: 

1. Section 121A of the Penal Code (Act 574) – offences against the person of the Yang di-Pertuan Agong, ruler or Yang di-Pertua Negeri 

2. Section 130C of the Penal Code (Act 574) – committing terrorist acts, if the act results in death 

3. Section 130I of the Penal Code (Act 574) – directing activities of terrorist groups, if the act results in death 

4. Section 130N of the Penal Code (Act 574) – providing or collecting property for terrorist acts, if the act results in death 

5. Section 130O of the Penal Code (Act 574) – providing services for terrorist purposes, if the act results in death 

6. Section 130QA of the Penal Code (Act 574) – accepting gratification to facilitate or enable terrorist acts, if the act results in death  

7. Section 130ZB of the Penal Code (Act 574) – accepting gratification to facilitate or enable organised criminal activities, if the act results in death 

8. Section 302 of the Penal Code (Act 574) – punishment for murder 

9. Section 374A of the Penal Code (Act 574) – taking hostage  

10. Section 3 of the Firearms Act (Heavier Penalties) Act 1971 (Act 37) – penalty for discharging a firearm in the commission of a scheduled offence 

11. Section 3A of the Firearms Act (Heavier Penalties) Act 1971 (Act 37) – penalty for accomplices in case of discharge of firearm. – The Vibes, June 10, 2022