[UPDATED] Govt tables amendments to abolish mandatory death penalty for first reading

KUALA LUMPUR – The government has taken its first step towards abolishing the mandatory death penalty today.

This is after Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar tabled the first reading of the amendments to seven separate laws that carry the mandatory death penalty.

He said the second reading will be tabled in the current sitting.

The seven legislations that are set to be amended are the Dangerous Drugs Act 1952, Kidnapping Act 1961, Criminal Justice Act 1953, Arms Act 1960, Penal Code, Criminal Procedure Code, and Firearms Act 1960.

Previously, Wan Junaidi said the government agreed to abolish the mandatory death penalty following a presentation of a report on substitute sentences for the penalty that he presented in a cabinet meeting in June.

Three days later, he said the amendment related to the abolition of the mandatory death penalty would be tabled for its first reading in Parliament this month after the government decided to replace the penalty with alternative punishments.

Based on the Criminal Justice (Amendment) Bill 2022 that was made available at the Parliament’s website, it aims to introduce a new Section 3A which grants the court power to sentence an offender to life imprisonment until their death.

This is separate from the existing Section 3 of the Criminal Justice Act 1953, which only provides a life sentence of 20 years.

Meanwhile, the amendments to be made to the Penal Code will see mandatory death penalty be replaced with granting discretion to the court on whether to impose the death penalty or impose a sentence of natural life imprisonment with no less than 12 strokes of whipping.

The changes will take effect on several offences that currently carry the death sentence, which include offences relating to waging wars or attempts of it against the Yang di-Pertuan Agong under Section 121 and offences relating to terrorism under Section 130 of the Penal Code.

Amendments to abolish the death penalty also include for offences under Section 302 (murder), Section 364 (kidnapping in order to murder), and Section 374A (hostage-taking) of the Penal Code.

Also, amendments to Section 307 of the Penal Code seeks to delete subsection (2) for the offence of attempted murder if the offender is under the sentence of imprisonment for life or a term of 20 years.

Separately, similar amendments are made to Kidnapping (Amendment) Bill 2022, Arms (Amendment) Bill 2022, Firearms (Increased Penalties) (Amendment) Bill 2022, Dangerous Drugs (Amendment) Bill 2022, and the Criminal Procedure Code (Amendment) (No. 3) Bill 2022. – The Vibes, October 6, 2022