Getting rid of the gallows


CONVICTED murderers may be spared the gallows in the future and instead spend the rest of their “natural lives” in jail following proposed amendments to abolish the mandatory death sentence for several offences.

This comes after seven separate Bills were tabled to do away with the mandatory death sentences involving 11 offences.

The proposed amendments will also see the punishment of life imprisonment, which is deemed for a period of 30 years, be changed to “imprisonment for natural life”, where the word “life” is replaced with “natural life”.

Among the laws to be amended are the Dangerous Drugs Act, the Kidnapping Act, the Arms Act, the Penal Code, and the Firearms (Increased Penalties) Act.

Also to be amended are provisions of the Criminal Justice Act and Criminal Procedure Code.

The amendments cover 33 sections, where 11 involve the mandatory death sentence and 22 are replaced with discretionary power granted to the court to determine whether the punishment will be the death sentence or natural life imprisonment.

The current law under Section 302 of the Penal Code imposes a mandatory death sentence. The death sentence for kidnapping will also be removed under Section 3 of the Kidnapping Act.

However, offenders will be looking at a punishment of imprisonment for life and not less than 12 strokes of the rotan.

Also amended is Section 39B of the Dangerous Drugs Act, where judges will be allowed to exercise their discretion on whether to impose the death sentence on drug traffickers without the need to consider certain factors imposed under the current law.

Also abolished are the death sentences for several offences against the King, Ruler or Yang di-Pertua Negri.

The mandatory death sentence for those convicted of acts of terrorism under Section 130C of the Penal Code will be abolished.

The punishment will be replaced with imprisonment for natural life and whipping of not less than 12 strokes of the rotan.

The proposed amendments will act retrospectively against offenders who were convicted prior to the passing of the laws but have yet to be sentenced.

The Bill was tabled by the Minister in the Prime Minister’s Department in charge of Parliament and Law, Datuk Seri Dr Wan Junaidi Tuanku Jaafar.

He informed the House that the proposed amendments were scheduled to be passed during the current meeting.

Wan Junaidi previously said that the law would be passed provided there was no “disruption” to Dewan Rakyat proceedings, which is scheduled to end on Nov 29.

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