THE Government has agreed to abolish the mandatory death penalty, thus giving judges the discretion in sentencing, said Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
He said the decision was reached after he presented a report on substitute sentences for the mandatory death penalty at Wednesday’s Cabinet meeting.
In a statement on Friday (June 10) Wan Junaidi further noted that the Cabinet had also agreed for a further study to be carried out on the proposed substitute sentences for 11 offences carrying the mandatory death penalty, one of which is under Section 39B of the Dangerous Drugs Act 1952.
“This shows the Government’s emphasis on ensuring that the rights of all parties are protected and guaranteed, thus reflecting the transparency of the country’s leadership in improving the country’s criminal justice system,” he said.
Mandatory death penalty means the judge can only sentence the accused to death upon conviction, except if the accused has a mental disorder.
Wan Junaidi further pointed out that the Government has also accepted in principle the recommendations of the special committee to review alternative sentences to the mandatory death penalty, chaired by former chief justice Tun Richard Malanjum.
“The government also expresses its appreciation for the commitment given by the committee in producing this report, which will be the basis for more systematic and effective change in the country’s criminal justice system,” he added.
Currently, there are 11 offences under the Penal Code and one under the Dangerous Drugs Act that carries the mandatory death sentence. They include crimes such as murder with intent to kill, drug trafficking, and possession of firearms.
For the remaining crimes, the punishment is at the judge’s discretion.
Meanwhile, a total of 1,359 people were reported to be on death row as of November last year. – June 10, 2022
