Report: Malaysia to end mandatory death and whipping sentences by 2023, says law minister
Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar speaks to the media during a press conference in Putrajaya June 13, 2022. — Picture by Shafwan Zaidon
Tuesday, 06 Sep 2022 9:44 AM MYT
Kuala Lumpur, Sept 6 — Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said that Malaysia will abolish the mandatory death and whipping sentences by next year, with amendments to the laws to be tabled in Parliament next month.
Wan Junaidi told English daily The Star that judges will be given the discretion to hand down the two sentences instead if the amendments are passed.
“If everything goes well and there are no disruptions to the coming Budget session, we will no longer have the mandatory death sentence in 2023,” said Datuk Seri Wan Junaidi.
“This will also apply to whipping as it will be left to the discretion of the judges,” he added.
Wan Junaidi said he intended to table the proposed amendments during the Parliament meeting that begins on October 3.
“The amendments on the mandatory death sentences will cover amendments to 33 sections under the law and involve mandatory death sentences for 11 offences,” he added.
It is understood that the 11 offences comprise nine under the Penal Code and two under the Firearms (Increased Penalties) Act.
On whipping, Wan Junaidi said the proposed amendments would not do away with the punishment, but again give judges the discretion on whether to impose it.
“Personally, I view whipping as very brutal and violent and simply inhumane.
“This is why I am suggesting that judges have the discretion to impose the punishment,” he said, adding that most offenders suffer open wounds with many fainting after three strokes.
With discretion given, judges can weigh the gravity of the harm committed by offenders on their victims before imposing the punishment, he added.
Wan Junaidi added that he would meet the Attorney General’s Chambers (AGC) soon to discuss the matter before seeking Cabinet approval to table the amendments.
When asked about those who are currently on death row, he said that the government was still mulling its options.
According to The Star, there are still 1,342 convicts facing the gallows as of June 2022.
The abolition of the mandatory death sentence was first raised by the Pakatan Harapan administration in 2018 and a moratorium on execution was then implemented.
Tuesday, 06 Sep 2022 9:44 AM MYT
Kuala Lumpur, Sept 6 — Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said that Malaysia will abolish the mandatory death and whipping sentences by next year, with amendments to the laws to be tabled in Parliament next month.
Wan Junaidi told English daily The Star that judges will be given the discretion to hand down the two sentences instead if the amendments are passed.
“If everything goes well and there are no disruptions to the coming Budget session, we will no longer have the mandatory death sentence in 2023,” said Datuk Seri Wan Junaidi.
“This will also apply to whipping as it will be left to the discretion of the judges,” he added.
Wan Junaidi said he intended to table the proposed amendments during the Parliament meeting that begins on October 3.
“The amendments on the mandatory death sentences will cover amendments to 33 sections under the law and involve mandatory death sentences for 11 offences,” he added.
It is understood that the 11 offences comprise nine under the Penal Code and two under the Firearms (Increased Penalties) Act.
On whipping, Wan Junaidi said the proposed amendments would not do away with the punishment, but again give judges the discretion on whether to impose it.
“Personally, I view whipping as very brutal and violent and simply inhumane.
“This is why I am suggesting that judges have the discretion to impose the punishment,” he said, adding that most offenders suffer open wounds with many fainting after three strokes.
With discretion given, judges can weigh the gravity of the harm committed by offenders on their victims before imposing the punishment, he added.
Wan Junaidi added that he would meet the Attorney General’s Chambers (AGC) soon to discuss the matter before seeking Cabinet approval to table the amendments.
When asked about those who are currently on death row, he said that the government was still mulling its options.
According to The Star, there are still 1,342 convicts facing the gallows as of June 2022.
The abolition of the mandatory death sentence was first raised by the Pakatan Harapan administration in 2018 and a moratorium on execution was then implemented.
*********
kt comments:
Malaysia should go the full bore, not just abolishing MANDATORY death sentence and MANDATORY whipping, but the death sentence itself and the cruel act of whipping - why leave it to the discretion of judges?
Abolishing the death sentence doesn't mean no sentencing but horrendous crimes may/will merit at least a 30 years to literally "LIFE" imprisonment (no parole, no commutation of terms)
I agree with KT...go all the way and abolish the death sentence and whipping altogether.
ReplyDeleteWhipping under shariah law should similarly be abolished. Now, let's wait for PAS people to foam at the mouth and go berserk.
There are violent crimes that reach extremes of brutality, for example , actual case of the criminal who robbed , raped and brutally assaulted a woman, leaving her permanently scarred and unable to walk. And the criminal never showed remorse.
ReplyDeleteA case like that, mere imprisonment without the possibility of the Rotan will not get through to the mentality of the unrepentant criminal.
Malaysia must not get on the slippery Woke Softy Leftie slope.
Next they will demand the removal of True Life Imprisonment as a Cruel punishment, where many Softie Leftie countries limit maximum permissible so-called Life Imprisonment terms to 20 or 25 years.
The violent criminal, often unrepentant , who perpetrated his heinous crime at age 24 is out free at a very young age 39.... THAT IS NOT JUSTICE.
It is up to Malaysia herself to set the imprisonment terms short of the capital punishment. Capital punishment and caning diminish our worth and values. Repentance is not our problem but that of the convicted criminal - 30 years will make the most brutal criminal weep
Delete