PETALING JAYA: With the Abolition of Mandatory Death Penalty Act 2023 having been gazetted on June 30, the country has taken a significant step towards a more equitable criminal justice system by implementing alternative punishments to the mandatory death penalty, said a lawyer.
Kokila Vaani Vadiveloo said the death penalty has no place in a civilised society, adding that the Act grants judges wider discretionary powers to determine suitable punishments for various offences.
In Malaysia, the death penalty can still be pronounced on 34 capital crimes, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong and since 2003, rape resulting in death, or the rape of a child.
Executions are carried out by hanging. For many years, the death penalty was mandatory for 11 crimes, including murder and terrorism.
In October 2018, the government imposed a moratorium on all executions until the death penalty was abolished. On July 4 this year, the death penalty was abolished when the Act came into force.
However, Kokila Vaani said there are concerns surrounding the abolition of the death penalty.
“Some among the public may perceive it as being soft on crime, potentially leading to a loss of confidence in the criminal justice system.”
She said to address such concerns, factors such as the severity of the crime, the offender’s criminal history and the impact on the victim are taken into account.
Judges are expected to follow sentencing guidelines and need to make impartial decisions based on the law and evidence.
“The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill 2023 allows prisoners sentenced to death or natural life imprisonment to apply for resentencing by the Federal Court.
“Under the new provisions, judges will have more flexibility in imposing prison sentences ranging from 30 to 40 years. Whipping and community service may also be used as alternative punishments for certain offences, ensuring that offenders are held accountable while also giving them the opportunity for rehabilitation,” she said.
“By implementing these alternative sentences, the country can promote human dignity and justice while allowing for a more balanced and fair approach to sentencing.
This ensures the punishment fits the crime and takes into account the specific circumstances of each case.”
Meanwhile, criminal justice and human rights researcher Noryani Abdul Arshad said: “There are individuals who may argue to retain mandatory death penalties based on their perspectives and reasons.
“However, no person should be subjected to a punishment that results in the loss of his life, as this fundamentally undermines the dignity and worth of an individual.
“We should be concerned that the death penalty also increases the risk of executing innocent people. The justice system is fallible and in any society, mistakes can be made. With death penalties, there is no room for flexibility or the opportunity to rectify errors in judgment.”
Noryani also said the death penalty is costly, ineffective and irreversible, while research indicates that severe punishments do not deter individuals from committing crimes, adding that rather than taking lives, focusing on restorative justice and rehabilitation could lead to better outcomes for society and the convicts involved.
Kokila Vaani said the government has also recognised the importance of restorative justice programmes in deterring crime and promoting healing for both victims and offenders.
“Alternative programmes offer young offenders the opportunity to engage in community services or counselling. This approach influences a behaviour change and could prevent the offender from committing future crimes.
“Such programmes also ensure that offenders are held accountable for their actions while also giving them the opportunity for rehabilitation and reintegration into society.”
Kokila added that organisations such as the Malaysia Crime Prevention Foundation play a significant role in raising public awareness about crime prevention through social media platforms.
She emphasised that leveraging community-based sentences such as the establishment of open prisons, is another effective method to deter future crimes.
“In these facilities, inmates engage in constructive work and activities that prepare them for reintegration into society.”
