Mandatory death sentence repeal will lead to longer max prison time

 

The upcoming legal amendments to abolish the mandatory death sentence will result in the extension of the maximum prison time by a decade for crimes with capital punishment.

This is as the government seeks to abolish "natural life imprisonment", as well as replace "life imprisonment" with a new duration.

"Natural life imprisonment" is when convicts are sentenced to prison for the rest of their lives.

Meanwhile, "life imprisonment" is a misnomer and is defined by the Criminal Justice Act and the Penal Code as equivalent to 30 years behind bars.

Prior to amendments in 2003, it was 20 years.

Debates on the bill to abolish the mandatory death penalty are due to start on April 3, with the government aiming to pass the bill in the Dewan Rakyat on April 4.

Under the upcoming amendments, 30 years will be the minimum jail time for offences which previously carried a death sentence, with the maximum being 40 years under several acts - including the Penal Code.

The exception is the Dangerous Drugs Act, where the alternative punishment of "life imprisonment" for drug trafficking offences will remain.

Under the bill, the courts will now have the discretion to either impose a death sentence or the 30 to 40-year jail term for 11 crimes.

The crimes include committing, directing, providing property, services, or accepting bribes in acts of terrorism that result in death; accepting bribes in criminal acts that result in death; hostage-taking that results in death; murder; or intending to harm, imprison, or kill the Malay rulers and their heirs.

Judges also have the same choice in cases where a convict had discharged a firearm while committing a crime, as well as those who abetted them.

However, if discharging the firearm did not result in death, then the courts can only sentence the guilty party to 30-40 years in jail.

Removal of death penalty option

Meanwhile, the option for the death penalty has been entirely removed for 10 offences.

These include committing treason; attempted murder where hurt was caused; kidnapping in order to murder; kidnapping for ransom; manufacturing firearms without licences; firearms trafficking; unpermitted transhipment or brokering of strategic items; and providing technical assistance for restricted activities.

Instead, sentencing is commuted to 30 to 40 years imprisonment and whipping if provided under the section of law.

For the offence of drug trafficking under Section 39B of the Dangerous Drugs Act, judges are now completely free to decide on whether to sentence a guilty party to death or to an alternative punishment.

At present, a judge can only commute the death sentence for drug trafficking if certain criteria were met, including that there was no evidence of buying or selling at the time of arrest, and that the person was just a drug mule, or had assisted in a drug bust.

Other crimes where judges already had discretion on whether or not to mete out the death penalty - such as in rape cases - remain status quo.

The government is also tabling a separate bill to empower the Federal Court to review 840 death row cases, and let the apex court decide whether or not their sentences should be commuted or upheld.

Another 476 convicts who were sentenced to death but are appealing their cases, will also be subject to the new terms.

The Federal Court can also review the cases of 117 inmates serving a life imprisonment sentence. - Mkini