Draft:Abolition of Mandatory Death Penalty Act 2023

Abolition of Mandatory Death Penalty Act 2023
Parliament of Malaysia
  • An Act to amend the Penal Code, the Firearms (Increased Penalties) Act 1971, the Arms Act 1960, the Kidnapping Act 1961, the Dangerous Drugs Act 1952, the Strategic Trade Act 2010 and the Criminal Procedure Code in order to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith.
CitationAct 846
Territorial extentThroughout Malaysia
Passed byDewan Rakyat
Passed3 April 2023
Passed byDewan Negara
Passed11 April 2023
Royal assent9 June 2023
Effective4 July 2023[1] P.U. (B) 229/2023
Legislative history
First chamber: Dewan Rakyat
Bill citationD.R. 7/2023
Introduced byRamkarpal Singh a/l Karpal Singh - Deputy Minister in Prime Minister's Department (Law and Institutional Reforms)
First reading27 March 2023
Second reading3 April 2023
Third reading3 April 2023
Second chamber: Dewan Negara
Bill citationD.R. 7/2023
Member(s) in chargeRamkarpal Singh a/l Karpal Singh - Deputy Minister in Prime Minister's Department (Law and Institutional Reforms)
First reading5 April 2023
Second reading11 April 2023
Third reading11 April 2023
Amends
Penal Code [Act 574]
Firearms (Increased Penalties) Act 1971 [Act 37]
Arms Act 1960 [Act 206]
Kidnapping Act 1961 [Act 365]
Dangerous Drugs Act 1952 [Act 234]
Strategic Trade Act 2010 [Act 708]
Criminal Procedure Code [Act 593]
Related legislation
Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023
Keywords
Capital punishment, Death Penalty, Life imprisonment
Status: In force

The Abolition of Mandatory Death Penalty Act 2023 (Malay: Akta Pemansuhan Hukuman Mati Mandatori 2023), is a Malaysian law which was enacted by the Parliament of Malaysia to abolish the mandatory death penalty and imprisonment for natural life in Malaysia.

However, the death penalty will still remain as a possible punishment under Malaysia's criminal law and this Act does not equal to total abolition of the death penalty in Malaysia.[2][3][4]

Before the commencement of this Act on 3 July 2023, there are a total of 11 criminal offences under Malaysian law that carried the mandatory death penalty such as murder, drug trafficking, acts of terrorism, and waging war against the Yang di-Pertuan Agong.[5][4] If one is found guilty under one of such criminal offences, the only punishment available to the judge by law is the death penalty.[6] The judge has no other choice but to sentence the accused to death, unless the accused is a pregnant women as defined by the Criminal Procedure Code, or a child as defined by the Child Act 2001.[7]

With the introduction of this Act, the judges can now act in their own discretion to decide to whether sentence one to:

  1. Death, or;
  2. Imprisonment for a term of 30 to 40 years and not less than 12 strokes of whipping.

— on a case-by-case basis.[5][8]

This Act also abolished all imprisonment for natural life under Malaysian law and replaced it with imprisonment for a term of not less than 30 years but not more than 40 years.[3][4][5]

It should be noted that under Malaysian criminal laws, "imprisonment for natural life" refers to imprisonment until the natural death of the convicts, while "imprisonment for life", unless otherwise stated, refers to a fixed 30 years imprisonment as defined by the Criminal Justice Act 1953.[9][10] This Act seeks to abolish "imprisonment for natural life", not "imprisonment for life".

Background

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Before the abolition of mandatory death penalty in Malaysia by this Act, there are a total of 33 criminal offences under nine Malaysian laws that are punishable by death, and among them there are 12 offences that carried the mandatory death penalty.[4][11]

During the 14th General Election of Malaysia in 2018, Pakatan Harapan, the main opposition coalition at the time, has in its official manifesto promised to abolish "Mandatory death by hanging in all Acts" among a few other Malaysian laws that Pakatan Harapan deem oppresive in nature.[12][13] Pakatan Harapan eventually defeated the Barisan Nasional government in the general election and resulted in the change of government for the first time in Malaysia's history.

On 29 June 2018, Deputy Prime Minister Dr Wan Azizah Wan Ismail revealed that the government is looking into the need to make amendments to do away with the mandatory death penalty in legislation pertaining to criminal offences, as this measure would enable Sirul Azhar Umar, who was convicted and sentenced to death over the murder of Mongolian model Altantuya Shaariibuu, to return to Malaysia from Australia if he wanted to.[14][15][16][17]

On 2 July 2018, Deputy Secretary General of the Ministry of Home Affairs, Datuk Seri Nadzri Siron said that the death sentence on 17 inmates in death row had been put on hold pending a government review on capital punishment.[18][19][20]

On 7 October 2018, Law Minister Datuk Liew Vui Keong under the newly formed Pakatan Harapan cabinet revealed that a study conducted by the Attorney General's Chamber to abolish mandatory death penalty in Malaysia is in the final stage will be presented to the cabinet for determination.[21][22]

On 10 October 2018, Law Minister Liew Vui Keong announced to the press that the cabinet has given the green light for the death penalty to be abolished and the government will abolish death penalty for all crimes.[23] "All death penalty will be abolished. Full stop." — Liew said to the press. Liew also said there should be a moratorium in place for execution before the death penalty is formally abolished and the relevant Bill will be tabled in the next Parliament sitting, which will begin on 15 October.[24][25][26]

On the following day, 11 October 2018, Deputy Home Minister Datuk Azis Jamman announced that the government has put in place a nationwide moratorium on all death sentences with immediate effect, and the execution of the 1,278 inmates who are currently on death row will be halted.[27]


Statutory Provision

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This Act has amended 7 other Malaysian laws that contain mandatory death penalty and imprisonment for natural life, which are namely the Penal Code, Firearms (Increased Penalties) Act 1971, Arms Act 1960, Kidnapping Act 1961, Dangerous Drugs Act 1952, Strategic Trade Act 2010, and Criminal Procedure Code.

The 7 aforementioned laws are amended by this Act in the manners as follows:

Penal Code

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Section Amended Criminal Offence Before Amendment After Amendment Remark
115 Abetment of an offence punishable with death or imprisonment for life Whoever abets the commission of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to twenty years, shall, ... Whoever abets the commission of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to twenty years or upwards, shall, ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
118 Concealing a design to commit an offence punishable with death or imprisonment for life Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to twenty years, ... Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to twenty years or upwards, ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
119 A public servant concealing a design to commit an offence which it is his duty to prevent ... or if the offence is punishable with death or imprisonment for life or imprisonment for a term which may extend to twenty years, with imprisonment for a term which may extend to ten years; ... ... or if the offence is punishable with death or imprisonment for life or imprisonment for a term which may extend to twenty years or upwards, with imprisonment for a term which may extend to ten years; ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
121 Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri ... shall be punished with death or imprisonment for life ... ... shall be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years ... Replacing imprisonment for natural life with 30 to 40 years imprisonment
121A Offences against the person of theYang di Pertuan Agong, Ruler or Yang di-Pertua Negeri ... shall be punished with death and shall also be liable to fine. ... shall be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes. Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
121B Offences against the authority of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri ... shall be punished with imprisonment for life ... ... shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years ... Replacing imprisonment for natural life with 30 to 40 years imprisonment
122 Collecting arms,etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri ... shall be punished with imprisonment for life or imprisonment for a term not exceeding twenty years ... ... shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
124K Sabotage ... shall be punished with imprisonment for life. ... shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years. Replacing imprisonment for natural life with 30 to 40 years imprisonment
124M Espionage ... shall be punished with imprisonment for life. ... shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years. Replacing imprisonment for natural life with 30 to 40 years imprisonment
125 Waging war against any power in alliance with the Yang di-Pertuan Agong ... shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years ... ... shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
125A Harbouring or attempting to harbour any person in Malaysia or person residing in a foreign State at war or in hostility against the Yang di Pertuan Agong ... shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years ... ... shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
128 Public servant voluntarily allowing prisoner of State or war in his custody to escape ... shall be punished with imprisonment for life, or imprisonment for a term which may extend to twenty years ... ...shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
130 Aiding escape of, rescuing, or harbouring such prisoner ... shall be punished with imprisonment for life, or with imprisonment for a term which may extend to twenty years ... ... shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
130A (f) Interpretation of this Chapter “imprisonment for life” means (subject to the provisions of any written law conferring power to grant pardons, reprieves or respites or suspension or remission of punishments) imprisonment until the death of the person on whom the sentence is imposed; [Deleted] The definition for imprisonment for natural life under Chapter VI is deleted.
130B (1) Interpretation in relation to this Chapter “imprisonment for life” means (subject to the provisions of any written law conferring power to grant pardons, reprieves or respites or suspension or remission of punishments) imprisonment until the death of the person on whom the sentence is imposed; [Deleted] The definition for imprisonment for natural life under Chapter VIA is deleted.
130C (1)(a) Committing terrorist acts ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes ... Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
130D Providing devices to terrorist groups ... shall be punished with imprisonment for life or imprisonment for a term not exceeding thirty years ... ... shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
130I (a) Directing activities of terrorist groups ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
130J Soliciting or giving support to terrorist groups or for the commission of terrorist acts ... shall be punished with imprisonment for life or imprisonment for a term not exceeding thirty years ... ... shall be punished with imprisonment for a term not exceeding forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
130K Harbouring persons committing terrorist acts ... shall be punished with imprisonment for life, and shall also be liable to fine; or with imprisonment for a term which may extend to twenty years ... ... shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine ... Replacing imprisonment for natural life with maximum 40 years imprisonment
130KA Member of a terrorist group ... shall be punished with imprisonment which may extend to imprisonment for life ... ... shall be punished with imprisonment which may extend to forty years ... Replacing imprisonment for natural life with maximum 40 years imprisonment
130N (a) Providing or collecting property for terrorist acts ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; ... Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
130O (1)(aa) Providing services for terrorist purposes ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; ... Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
130QA Accepting gratification to facilitate or enable terrorist acts ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; ... Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
130ZB Accepting gratification to facilitate or enable organized criminal activity ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; ... Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
201 Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment for a term which may extend to three years ... ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years or upwards, shall be punished with imprisonment for a term which may extend to three years ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
212 (1) Harbouring an offender ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment for a term which may extend to three years ... ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years or upwards, shall be punished with imprisonment for a term which may extend to three years ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
213 Taking gifts,etc., to screen an offender from punishment ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment for a term which may extend to three years ... ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years or upwards, shall be punished with imprisonment for a term which may extend to three years ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
214 Offering gift or restoration of property in consideration of screening offender ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment for a term which may extend to three years ... ... and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years or upwards, shall be punished with imprisonment for a term which may extend to three years ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
216 (1) Harbouring an offender who has escaped from custody, or whose apprehension has been ordered ... if the offence is punishable with imprisonment for life, or imprisonment for ten years, he shall be punished with imprisonment for a term which may extend to three years ... ... if the offence is punishable with imprisonment for life, or imprisonment for ten years or upwards, he shall be punished with imprisonment for a term which may extend to three years ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
221 (b) Intentional omission to apprehend on the part of a public servant bound by law to apprehend ... was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to ten years ... ... was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to ten years or upwards ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code
302 Punishment for murder Whoever commits murder shall be punished with death. Whoever commits murder shall be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes. Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
307 (2) Attempt to murder When any person offending under this section is under sentence of imprisonment for life or for a term of twenty years, he may, if hurt is caused, be punished with death. [Deleted] Attempted murder committed by person under life imprisonment or 20 years imprisonment is no longer punishable with death
364 Kidnapping or abducting in order to murder ... shall be punished with death or imprisonment for a term which may extend to thirty years and shall, if he is not sentenced to death, also be liable to whipping. ... shall be punished with imprisonment for a term of not more than thirty years and shall also be punished with whipping. Death penalty for this offence is abolished
374A (a) Hostage-taking ... if the act results in death, with death; ... ... if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; ... Replacing mandatory death penalty with either death, or 30 to 40 years imprisonment in addition to at least 12 strokes of whipping
450 House-trespass in order to commit an offence punishable with imprisonment for life Whoever commits house-trespass in order to commit any offence punishable with imprisonment for life or imprisonment for a term which may extend to twenty years, shall ... Whoever commits house-trespass in order to commit any offence punishable with imprisonment for life or imprisonment for a term which may extend to twenty years or upwards, shall ... Consequential amendment to reflect the increase of terms of imprisonment up to 40 years in other parts of the Penal Code

Firearms (Increased Penalties) Act 1971

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Section Amended Criminal Offence Before Amendment After Amendment Remark
2 (1) Interpretation “imprisonment for life” means, notwithstanding section 3 of the Criminal Justice Act 1953 [Act 345] and any other written law to the contrary, imprisonment for the duration of the natural life of the person sentenced; [Deleted] The definition for imprisonment for natural life in this Act is deleted
3 Penalty for discharging a firearm in the commission of a scheduled offence ... shall, notwithstanding that no hurt is caused thereby, be punished with death. ... shall, notwithstanding that no hurt is caused thereby, be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes. Replacing mandatory death penalty with 30 to 40 years imprisonment in addition to at least 12 strokes of whipping.
3A Penalty for accomplices in case of discharge of firearm ... shall, notwithstanding that no hurt is caused by the discharge thereof, be punished with death, ... ... shall, notwithstanding that no hurt is caused by the discharge thereof, be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes, ... Replacing mandatory death penalty with 30 to 40 years imprisonment in addition to at least 12 strokes of whipping.
4 Penalty for exhibiting a firearm in the commission of a scheduled offence ... shall be punished with imprisonment for life and with whipping with not less than six strokes. ... shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes. Replacing imprisonment for natural life with 30 to 40 years imprisonment
5 Penalty for having firearm in the commission of a scheduled offence ... shall be punished with imprisonment for life and with whipping with not less than six strokes. ... shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes. Replacing imprisonment for natural life with 30 to 40 years imprisonment
7 (1) Penalty for trafficking in firearms (1) Any person trafficking in firearms shall be punished with —

(a) death; or

(b) imprisonment for life and with whipping with not less than six strokes.

(1) Any person trafficking in firearms shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes. Death penalty abolished and imprisonment for natural life replaced with 30 to 40 years imprisonment

Arms Act 1960

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Section Amended Criminal Offence Before Amendment After Amendment Remark
2 Interpretation “imprisonment for life” means, notwithstanding section 3 of the Criminal Justice Act 1953 [Act 345] and any other written law to the contrary, imprisonment for the duration of the natural life of the person sentenced; [Deleted] The definition for imprisonment for natural life in this Act is deleted
14 (1) Penalty for manufacturing without licence and for breach of conditions of licence (1) Any person who manufactures an arm or ammunition —

(a) without a valid licence granted under section 12; or

(b) in contravention of any condition imposed under paragraph 12(2)(a),

shall, on conviction, be liable to punishment with —

(i) death; or

(ii) imprisonment for life and whipping with not less than six strokes,

and, in the case of a company, firm, society or body of persons, with a fine not exceeding five hundred thousand ringgit.

(1) Any person who manufactures an arm or ammunition without a valid licence granted under section 12 or in contravention of any condition imposed under paragraph 12(2)(a) shall, on conviction —

(a) be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping of not less than six strokes; and

(b) in the case of a company, firm, society or body of persons, be punished with a fine not exceeding five million ringgit.

Death penalty abolished and imprisonment for natural life replaced with 30 to 40 years imprisonment.

Maximum fine increased to five million ringgit.

14 (2) ... shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit, and, in the case of a company, firm, society or body of persons, to a fine not exceeding one hundred thousand ringgit. ... shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit, and, in the case of a company, firm, society or body of persons, to a fine not exceeding one million ringgit. Maximum fine for licensed manufacturer and organization increased to two hundred and fifty thousand ringgit and one million ringgit respectively
34 (1) (a) Penalty for use and possession of arms and imitation arms in certain cases ... he shall, on conviction, be liable to imprisonment for life or for a term not exceeding fourteen years. ... he shall, on conviction, be liable to imprisonment for a term not exceeding forty years. Replacing imprisonment for natural life with maximum 40 years imprisonment
46 Jurisdiction of Courts The Sessions Court Judge shall have power to impose the full penalty or punishment, other than the death penalty, provided by this Act. [Deleted] Consequential amendment to reflect the abolition of death penalty under this Act

Kidnapping Act 1961

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Section Amended Criminal Offence Before Amendment After Amendment Remark
3 (1) Abduction, wrongful restraint or wrongful confinement for ransom ... shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping. ... shall be punished on conviction with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping. Death penalty abolished and imprisonment for natural life replaced with 30 to 40 years imprisonment

Dangerous Drugs Act 1952

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Section Amended Criminal Offence Before Amendment After Amendment Remark
39B (2) Trafficking in dangerous drugs ... shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than fifteen strokes. ... shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than twelve strokes. Whipping reduced from at least 15 strokes to at least 12 strokes.
39B (2A) (2A) In exercising the power conferred by subsection (2), the Court in imposing the sentence of imprisonment for life and whipping of not less than fifteen strokes, may have regard only to the following circumstances:

(a) there was no evidence of buying and selling of a dangerous drug at the time when the person convicted was arrested;

(b) there was no involvement of agent provocateur; or

(c) the involvement of the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug; and

(d) that the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia.

[Deleted] Clauses restricting the Court's power to impose imprisonment for life instead of the death penalty were deleted.

Before the amendment, if an accused found guilty of trafficking in dangerous drugs does not meet the circumstances set out in subsection (2A), the Court can only sentence him to death.

After the amendment, the Court can now freely choose to either sentence the accused to death or imprisonment for life.

39B (2B) (2B) For the purposes of subsection (2A), “enforcement agency” means —

(a) the Royal Malaysia Police;

(b) the National Anti-Drugs Agency;

(c) the Royal Malaysian Customs Department;

(d) the Malaysian Maritime Enforcement Agency; or

(e) any other enforcement agency as may be determined by the Minister

[Deleted]

Strategic Trade Act 2010

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Section Amended Criminal Offence Before Amendment After Amendment Remark
9 (4)(a)(i)(A) Export, transhipment and transit of strategic items and unlisted items (A) where death is the result of the act, be punished with death or imprisonment for natural life, ... (A) where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, ... Replacing imprisonment for natural life with 30 to 40 years imprisonment
9 (5)(a)(i)(A) (A) where death is the result of the act, be punished with death or imprisonment for natural life, ... (A) where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, ...
9 (6)(a)(i)(A) (A) where death is the result of the act, be punished with death or imprisonment for natural life, ... (A) where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, ...
10 (2)(a) Provision of technical assistance (a) where death is the result of the act, be punished with death or imprisonment for natural life, ... (a) where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, ...
11 (2)(a)(i) Brokering of strategic items (i) where death is the result of the act, be punished with death or imprisonment for natural life, ... (i) where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, ...
12 (4)(a)(i)(A) Transactions involving unlisted items and restricted activities (A) where death is the result of the act, be punished with death or imprisonment for natural life, ... (A) where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, ...

Criminal Procedure Code

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Reception

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See also

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References

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  1. ^ Muhammad Yusry (July 3, 2023). "Abolishment of mandatory death penalty gazetted, to come into force tomorrow". Malay Mail. Retrieved June 5, 2024.
  2. ^ "Death Penalty Still Exists in Malaysian Law, only Mandatory Death Penalty to be Abolished". BERNAMA. 13 June 2022. Archived from the original on 25 July 2024. Retrieved 25 July 2024.
  3. ^ a b "Malaysia Repeals Mandatory Death Penalty". Human Rights Watch. 11 April 2023. Archived from the original on 23 July 2024. Retrieved 25 July 2024.
  4. ^ a b c d "Reforms of Mandatory Death Penalty in Malaysia: What Do The Bills Say?" (PDF). Amnesty Malaysia. 29 March 2023. Archived (PDF) from the original on 30 March 2023. Retrieved 21 July 2024.
  5. ^ a b c Tee, Kenneth (3 April 2023). "A brief history of Malaysia's capital punishment and death row inmates". Malay Mail. Archived from the original on 3 March 2024. Retrieved 25 July 2024.
  6. ^ Mokhtar, Nor Azizah (13 June 2022). "Understand the concept of mandatory death penalty first - Musa Hassan". New Straits Times. Archived from the original on 23 June 2022. Retrieved 25 July 2024.
  7. ^ Mallow, Muzaffar Syah (15 June 2022). "Mandatory death penalty still relevant". The Sun Daily. Archived from the original on 25 July 2024. Retrieved 25 July 2024.
  8. ^ Mohd Razhi, Nor Fariza; Sevagamy, N. (17 December 2023). "Year 2023 Creates Historic Success for M'sia in Sulu Case, Death Penalty Review". BERNAMA. Archived from the original on 25 July 2024. Retrieved 25 July 2024.
  9. ^ Dusuki, Farah Nini; Hamid, Melati Abdul (2023), van Zyl Smit, Dirk; Appleton, Catherine; Vucong, Giao (eds.), "Life Imprisonment in Malaysia: Prospects for Law Reform?", Life Imprisonment in Asia, Singapore: Springer Nature, pp. 225–241, doi:10.1007/978-981-19-4664-6_9, ISBN 978-981-19-4664-6, retrieved 2024-09-10
  10. ^ "Malaysia passes sweeping legal reforms to remove the mandatory death penalty". ABC News. 3 April 2023. Retrieved 10 September 2024.{{cite news}}: CS1 maint: url-status (link)
  11. ^ "Fatally flawed: Why Malaysia must abolish the death penalty". Amnesty International. Amnesty International Ltd. 10 October 2019. p. 13, 48-51. Archived from the original on 21 February 2024. Retrieved 25 July 2024.
  12. ^ "Buku Harapan: Rebuilding Our Nation, Fulfilling Our Hopes" (PDF). DAP Malaysia. 8 March 2018. p. 61. Archived (PDF) from the original on 27 June 2024. Retrieved 25 July 2024.
  13. ^ "What you need to know about Pakatan's GE14 manifesto". Malay Mail. 10 March 2018. Archived from the original on 2 March 2024. Retrieved 25 July 2024.
  14. ^ Babulal, Veena; Hamid, Nadia (29 June 2018). "Malaysia to abolish death penalty to bring Sirul home?". New Straits Times. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  15. ^ "Gov't considering removing mandatory death penalty - DPM". MalaysiaKini. BERNAMA. 29 June 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  16. ^ "Govt mulls removing death penalty, could see Sirul's return". Free Malaysia Today. BERNAMA. 29 June 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  17. ^ "Government considering removing mandatory death penalty – Wan Azizah". The Borneo Post. BERNAMA. 30 June 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  18. ^ "Suhakam wants no delay in abolition of death penalty". Malay Mail. BERNAMA. 2 July 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  19. ^ "Suhakam wants no delay in abolition of death penalty". MalaysiaKini. BERNAMA. 2 July 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  20. ^ "Malaysia: Full abolition of death penalty must swiftly follow, Welcome suspension of executions". Amnesty International Malaysia. 3 July 2018. Retrieved 3 October 2024.{{cite web}}: CS1 maint: url-status (link)
  21. ^ "Study to abolish mandatory death penalty in final stage - Liew". BERNAMA. 7 October 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  22. ^ "Study to abolish mandatory death penalty in final stage - Liew". New Straits Times. 7 October 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  23. ^ "Malaysia to abolish death penalty". Al Jazeera. 11 October 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  24. ^ "Death penalty to be abolished". New Straits Times. 10 October 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  25. ^ "Report: Gov't will abolish the death penalty, assures minister". MalaysiaKini. 10 October 2018. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)
  26. ^ "Malaysia to table Bill to abolish death penalty in coming Parliament session, says its law minister". The Straits Times. 10 October 2018. Retrieved 3 October 2018.{{cite news}}: CS1 maint: url-status (link)
  27. ^ Abdul Karim, Luqman Arif (11 October 2018). "Govt halts execution of 1,200 death row inmates". New Straits Times. Retrieved 3 October 2024.{{cite news}}: CS1 maint: url-status (link)