Mandatory Death Penalty Abolishment Starts Today, Here’s What You Need To Know
The new law replaces it with a sentencing range of 30 to 40 years of imprisonment, accompanied by a minimum of 12 strokes of whipping.
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The long awaited abolishment of the mandatory death penalty finally comes into force today.
According to the Malaysia Federal Legislation website, the gazetted document has already been signed by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said dated June 30, 2023.
Earlier in April, the Abolition of Mandatory Death Penalty Act was passed by the Parliament, offering an alternative to the mandatory death penalty.
The new law replaces it with a sentencing range of 30 to 40 years of imprisonment, accompanied by a minimum of 12 strokes of whipping.
What is the Mandatory Death Penalty and When Was It Introduced?
Malaysia is no stranger when it comes to the death penalty.
Introduced in 1983, the death penalty is usually carried out by hanging.
This penalty was introduced to curb and punish those who have committed the following offences — drug trafficking and murder.
However, over the years, several debates and discussions have occurred about the use of this penalty and whether or not it violates the right to life.
Some have even put out that the death penalty does less good as a deterrent to crimes, thus the calls for the abolition or reform of the death penalty in Malaysia.
Here’s What You Need to Know
In 2007, Malaysian human rights organisations, including Amnesty International, began actively campaigning for the abolition of the mandatory death penalty.
They argue that it violates the right to life and is a form of cruel and inhuman punishment.
And later in 2012, the Malaysian Bar Council passed a resolution calling for the abolition of the mandatory death penalty.
The council argued that the death penalty is irreversible and has no proven deterrent effect on crime.
Five years later, in 2017, the Malaysian Parliament passed the Dangerous Drugs (Amendment) Act 2017, which removed the mandatory death penalty for drug trafficking offences.
Instead, judges were given the discretion to impose either the death penalty or life imprisonment.
In the years 2019 up till 2021, the bill had gone through several discussions and was debated in parliament sessions and was eventually passed on April 11 this year.
The Abolition of Mandatory Death Penalty Bill eliminates the mandatory death penalty for 12 offences previously subject to it, such as drug trafficking, murder, treason, and terrorism.
Additionally, the death penalty is entirely removed as a sentencing option for seven offences, including attempted murder and kidnapping.
As a substitute, prison terms ranging from 30 to 40 years will replace the previous practice of “natural life imprisonment,” which detained individuals until death.
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