Azalina: Bill to abolish mandatory death penalty to be tabled in Feb 2023

 

The government is expected to table a bill on abolishing the mandatory death penalty in the Parliament in February next year, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said.

Azalina, in a statement this evening, said the proposal for an alternative treatment to the mandatory death penalty was being reviewed and discussed during the cabinet meeting today.

She said the implementation of the alternative punishment proposal is the government’s commitment to ensure that the execution of the abolition of the mandatory death penalty is scrutinised in detail from all aspects.

This, she said, is to ensure any follow-up action by the government pertaining to this issue will have a positive impact on the country.

“The criminal justice system is the main foundation for a safe and peaceful society.

“Therefore, the government will also consider follow-up studies involving the reformation of the criminal justice system such as a more effective sentencing policy, caning punishment and reform of the prison system which includes measures to reduce prison overcrowding.

“Focus will also be given to the punishment approach that is based on rehabilitation and restorative justice,” she said.

‘It gives courts discretion to decide’

The Pengerang MP said the Attorney-General’s Chambers has examined the implementation policy for proposed alternative sentencing to the mandatory death penalty that involves the sentence for 11 offences under the Penal Code and the Firearms (Increased Penalties) Act 1971.

It also involves 23 offences, which may carry the punishment at the discretion of the courts, under the Penal Code, the Firearms Act 1960, Firearms (Increased Penalties) Act 1971 and the Kidnapping Act 1961.

“The government has agreed to make amendments to the relevant acts and will be tabling bills on the Penal Code (Amendment) Bill 2022, Criminal Procedure Code (Amendment) Bill 2022, Criminal Justice (Amendment) Bill 2022, Kidnapping (Amendment) Bill 2022, Firearms (Increased Penalties) (Amendment) Bill 2022, Arms (Amendment) Bill 2022 and the Dangerous Drugs (Amendment) Bill 2022.”

While amending laws does not abolish the death penalty completely, the Umno lawmaker said it gives the courts discretion to decide on an appropriate punishment based on the facts of the case.

The implementation of the alternative sentencing to the mandatory death sentence is expected to have a direct impact on 1,327 convicts who are currently on death row, she said.

“Meanwhile, for those who have not been sentenced, the alternative punishments could be enforced prospectively.

“The moratorium is maintained for death penalty offenders until all amendments to the bill are implemented,” said Azalina.

Former law minister Wan Junaidi Tuanku Jaafar said in June that the government agreed to abolish the mandatory death penalty after he presented to the cabinet a report titled ‘Study on Substitute Punishments to Mandatory Death Penalty’ in a cabinet meeting.

In October, seven bills were tabled for the first reading in the Dewan Rakyat to make the necessary amendments to the pertinent laws. - Mkini