PUTRAJAYA – The government of Malaysia has agreed to abolish the mandatory death sentenced and replaced it with other punishment at the discretion of the court.
Minister at Prime Minister’s Department (Parliament and Law), Datuk Seri Dr. Wan Junaidi Tuanku Jaafar said that the decision was reached after a report on the studies of alternative punishment to the mandatory death sentence was presented to the Cabinet Ministers’ meeting on 8 June.
He said, the government has accepted the principles and noted the recommendations by the Special Committee on the Alternative Punishment for Mandatory Death Sentence after they explained about the report of their studies.
The committee was led by former Chief Justice, Tun Richard Malanjum and consisted of legal experts such as the Former Chief Judge of Malaya, former Solicitor General of Malaysia, law practitioners, law lecturers from renowned Public Universities and criminal research experts.
“The Cabinet Ministers agreed that further research on the proposal to replace the death sentences for 11 offences which carry the mandatory death sentence, an offence under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 offences which carry the mandatory death sentence at the discretion of the Court.
“These further studies will be carried out with the cooperation of the Attorney-General’s Chamber, Legal Affairs Department, Prime Minister’s Department and other relevant ministries and departments.
“This action is very significant in ensuring the amendment of relevant acts on the principles of proportionality and constitutional,” he said in a media statement today.
Dr Wan Junaidi said, the government will also conduct a feasibility study on the direction of criminal justice system, including setting the pre-judgement criteria, set up the Judgement Council, develop guidelines for judgement, set up Law Reform Commission, renew the prison institution and executing punishment according to restorative justice.
He said, the decision showed the priority of the government in ensuring that everyone are protected thus, it reflects the transparency of the country’s leadership in improving the national criminal justice system that is full of dynamics.
The government also accorded its gratitude to the commitment of the committee in generating the report on their research which has become the foundation to the shift of the national judiciary system towards a more systematic and effective system. – MalaysiaGazette
