Abolishment of mandatory death penalty gazetted, to come into force tomorrow
Malay Mail’s check with the Malaysia Federal Legislation website showed the gazettement dated June 30, 2023 and signed by de facto law minister Datuk Seri Azalina Othman Said was uploaded today. — Bernama pic
Monday, 03 Jul 2023 8:16 PM MYT
KUALA LUMPUR, July 3 — The abolishment of the mandatory death penalty will come into force tomorrow as the Abolition of Mandatory Death Penalty Act 2023 has been gazetted.
Malay Mail’s check with the Malaysia Federal Legislation website showed the gazettement dated June 30, 2023 and signed by de facto law minister Datuk Seri Azalina Othman Said was uploaded today.
“In exercise of the powers conferred by subsection 1(2) of the Abolition of Mandatory Death Penalty Act 2023 (Act 846), the minister appoints July 4 2023 as the date on which the Act comes into operation,” said the statement.
The Dewan Rakyat passed the Bill proposing to make the death penalty an option and no longer mandatory after it was tabled for its third reading on April 3.
The Abolition of Mandatory Death Penalty Bill would give judges the discretion on the death penalty rather than requiring them to do so when convicting on offences that made them mandatory.
The amendments in the Bill also include replacing life and natural life imprisonment (until death) as an alternative to the mandatory death sentence, with the new alternative of jail of between 30 and 40 years as well as no fewer than 12 strokes of the cane.
The Abolition of Mandatory Death Penalty Bill 2023 was tabled for first reading in the Dewan Rakyat by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on March 27 this year.
Azalina’s predecessor, Datuk Seri Wan Junaidi Tuanku Jaafar, had tabled a similar piece of legislation on October 6, 2022, but Parliament’s dissolution to pave the way for the 15th General Election meant it was never put before lawmakers for debate.
Since July 2018, Malaysia has placed a de facto moratorium on executions pending institutional reforms undertaken by the various administrations that have existed in that time.
The last death row prisoner was hanged in 2017 but because legislation carrying the mandatory death penalty has remained effective, the courts have been bound to continue sentencing defendants to death despite the moratorium on executions.
Monday, 03 Jul 2023 8:16 PM MYT
KUALA LUMPUR, July 3 — The abolishment of the mandatory death penalty will come into force tomorrow as the Abolition of Mandatory Death Penalty Act 2023 has been gazetted.
Malay Mail’s check with the Malaysia Federal Legislation website showed the gazettement dated June 30, 2023 and signed by de facto law minister Datuk Seri Azalina Othman Said was uploaded today.
“In exercise of the powers conferred by subsection 1(2) of the Abolition of Mandatory Death Penalty Act 2023 (Act 846), the minister appoints July 4 2023 as the date on which the Act comes into operation,” said the statement.
The Dewan Rakyat passed the Bill proposing to make the death penalty an option and no longer mandatory after it was tabled for its third reading on April 3.
The Abolition of Mandatory Death Penalty Bill would give judges the discretion on the death penalty rather than requiring them to do so when convicting on offences that made them mandatory.
The amendments in the Bill also include replacing life and natural life imprisonment (until death) as an alternative to the mandatory death sentence, with the new alternative of jail of between 30 and 40 years as well as no fewer than 12 strokes of the cane.
The Abolition of Mandatory Death Penalty Bill 2023 was tabled for first reading in the Dewan Rakyat by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on March 27 this year.
Azalina’s predecessor, Datuk Seri Wan Junaidi Tuanku Jaafar, had tabled a similar piece of legislation on October 6, 2022, but Parliament’s dissolution to pave the way for the 15th General Election meant it was never put before lawmakers for debate.
Since July 2018, Malaysia has placed a de facto moratorium on executions pending institutional reforms undertaken by the various administrations that have existed in that time.
The last death row prisoner was hanged in 2017 but because legislation carrying the mandatory death penalty has remained effective, the courts have been bound to continue sentencing defendants to death despite the moratorium on executions.
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kt comments:
Abolition of Mandatory Death Penalty is not the same as Abolition of Death Penalty. Malaysia has or now had some crimes which demanded automatic death sentences, minus any judges' discretion, eg. (as I recall it, perhaps changed over time) possession of arms, possession of MORE than a finite quantity of drugs, etc etc etc.
While Malaysian legal punishments have progressed lately with the abolishment of the Mandatory Death Sentences, we should aim for the TOTAL abolishment of the Death Sentence itself, meaning no one will ever be executed for whatsoever crime has been committed, as to be found in nations like UK, Australia, NZ etc (but definitely NOT in many states in the USA - wanks luv to execute criminals especially coloured ones).
Many Malaysians would object to such an abolishment of the death sentence, arguing some crimes could be so horrific that a mere 20 even 30 years sentence will not be good enough.
Now, just as in the case of the current abolishment of the MANDATORY death sentence, who is to say we cannot legislate to abolish the maximum imprisonment to be only 20 or 30 years. We can indeed legislate to have a "real" life sentence where the convicted criminal will be jailed "for the rest of his/her natural life" (meaning jailed until the convict dies), or include a clause when the crime is so horrific that the convicted criminal may be held "in perpetuity at the mercy of His Majesty the Agong" (meaning the same as to be jailed until he/she dies in prison).
We should not execute prisoners which sentences are irreversible and barbarous.
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