KUCHING: The federal government has agreed to abolish the death penalty, substituting it with a sentence at the discretion of the court.
Minister in the Prime Minister’s Department (Parliament and Law), Datuk Seri Wan Junaidi Tuanku Jaafar said that the decision was reached following the presentation of the Report on the Study of Substitute Sentences for Mandatory Death Penalty during a Cabinet meeting on June 8.
“The government has also in principle accepted and taken note of the recommendations of the Special Committee on Substitute Sentences for Mandatory Death Penalty explained through the study report,” he said on Friday (June 10).
The committee is headed by former Chief Justice, Tun Richard Malanjum and comprises experts in the field of law such as former Chief Justice of Malaya, former Solicitor General, legal practitioners, law lecturers from public higher learning institutions, and criminal research specialist (criminologist).
Wan Junaidi also said that the Cabinet had agreed for a study to be carried out on the proposed substitute sentence for 11 offences carrying the mandatory death penalty.
“One of the offences is under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 offences carrying the death penalty but at the discretion of the court.
“This further study will be carried out in collaboration with the Attorney General’s Chambers, Legal Affairs Division, Prime Minister’s Department and other interested ministries or departments.”
He added that this action was significant to ensure that the amendments to the relevant acts take into account the principles of ‘proportionality’ and constitutionality of any proposal to the government later.
“The government will also study the feasibility of the direction of the Criminal Justice System in the country, such as the establishment of a pre-sentencing procedure, the establishment of a Sentencing Council, and the development of Sentencing Guidelines, the establishment of the Law Commission, Prison Reform and the implementation of sentences based on restorative justice.”
Wan Junaidi said the decision on this matter showed the government’s priority to ensure the rights of all parties are protected and guaranteed thus reflecting the transparency of the country’s leadership in improving the country’s dynamic criminal justice system.
“The government also expresses its highest appreciation for the commitment given by the Special Committee on Substitute Sentences for Mandatory Death Penalty in producing this study report, which is the basis for a more systematic and effective change in the country’s criminal justice system.”
