KUALA LUMPUR, July 4 — The Abolition of Mandatory Death Penalty Act 2023 (Act 846), which takes effect today, is a crucial step for Malaysia toward aligning with international human rights norms and growing global opposition to capital punishment, said the legal fraternity.
Lawyer Datuk Geethan Ram Vincent, who welcomed the abolition, said judges are now given the prerogative and discretion to consider the accused’s personal circumstances or the circumstances of the particular offence.
“The accused can then be sentenced according to the specific circumstances of the offence. In the circumstances, capital punishment would only be limited to the most serious crimes only.
“That aside, there has not been any research that convincingly proves that the mandatory death penalty is a successful deterrent to crime in Malaysia,” he said.
Geethan said the new laws will affect 1,340 prisoners currently on death row as their lives will be spared.
He stressed the new law will apply retroactively, allowing those on death row to file a review against their sentence at the Federal Court within 90 days.
This means that the death sentence will be set aside and they will be sentenced again in accordance with the amendments.
Sharing the same thoughts, lawyer Salim Bashir said the abolition of the death penalty gives rise to hope for the convict to be back with their families and loved ones, and reform in the midstream of society after serving their imprisonment sentences of 30 to 40 years.
Meanwhile, lawyer Datuk N. Sivananthan said the abolition has been a long-awaited development and something he did not foresee would happen in his lifetime.
“I have always felt that sentencing must be within the discretion of a judge and having the mandatory death sentence has always tied the hands of a judge hearing capital cases.
“This will also allow for only the worst offenders or cases to be given the death sentence if at all,” he said, adding the abolition is applicable to all those facing the death sentence regardless of nationality.
The Abolition of Mandatory Death Penalty Act 2023 (Act 846) came into operation today.
According to the Federal Government Gazette dated June 30 published by the Attorney-General’s Chambers, the date on which the Act comes into operation was fixed by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
“In exercise of the powers conferred by subsection 1(2) of the Abolition of Mandatory Death Penalty Act 2023 [Act 846], the Minister appoints 4 July 2023 as the date on which the Act comes into operation,” the gazette stated.
On April 3, the Dewan Rakyat passed the Act which aims to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith.
Under the Act, the court now has the discretion to impose the death penalty or imprisonment for a period of not less than 30 years but not exceeding 40 years, and if not sentenced to death, shall also be punished with a whipping of not less than 12 strokes.
— Bernama
