JOHOR BARU – As part of abolishing the mandatory death penalty, Putrajaya will impose a minimum 30 years for life sentences instead, which may be extended up to 40 years.
This also entails a redefinition of “life imprisonment”, Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman said in a statement to explain the amendments.
The government also wants to abolish “natural life imprisonment”, whereby inmates are incarcerated for the rest of their lives, she added.
With the amendments, offences that carried the death penalty will now be left to the court’s discretion to sentence a convict to prison for not less than 30 years, which may be extended up to 40 years, and whipping of a minimum of 12 strokes.
Previously, under the Criminal Justice Act 1953, life imprisonment was defined as a prison sentence of 30 years.
These new amendments would apply to various offences under the Penal Code, Arms Act 1960, Kidnapping Act 1961 and the Strategic Trade Act 2010.
Putrajaya also did not abolish the death sentence for drug trafficking offences under Section 39B of the Dangerous Drugs Act 1962, but should the court opt not to impose it, the offender will be whipped 12 instead of 15 times, along with imprisonment.
On March 17, the cabinet agreed to the Mandatory Death Penalty Bill 2023 and Review of the Death Penalty and Lifelong Imprisonment (Federal Court Temporary Jurisdiction) 2023, both of which Azalina tabled in Parliament today for first reading.
The second reading of the bills are expected within the current parliamentary session, which ends on April 4.
The government also plans to hold a briefing on the matter with all MPs and senators.
Although the new amendments would not abolish the death penalty outright but only mandatory death sentences, Putrajaya also agreed to allow death row inmates to appeal against their sentences.
The new law would also apply to ongoing appeals against death sentences when the amendments come into force. – The Vibes, March 27, 2023
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