KUALA LUMPUR: Those who abet suicide attempts may face between 10 and 20 years in jail in the near future, says Datuk Seri Azalina Othman Said (pic).
The Minister in the Prime Minister's Department (Law and Institutional Reform) tabled three Bills in Dewan Rakyat to decriminalise the offence of attempted suicide.
"However, the offence of abetting suicide is maintained under Section 305 and 306 under Penal Code by including abetment of attempted suicide by any person as a criminal offence.
"It also differentiates the categories of those who are incited to commit the actions (of attempted suicide or suicide)," Azalina said in a statement issued after tabling the Bills in Dewan Rakyat on Tuesday (April 4).
She said this was aimed at protecting children or those who were mentally incapacitated from being influenced or manipulated into attempting or committing suicide.
"They differ from other victims as these groups are exposed to situations where they are easily influenced and manipulated," she added.
Under Section 305, any person who abets an attempted suicide or suicide of child or a person who lacks mental capacity could be jailed up to 20 years and fined upon conviction.
The law also defines a person who lacks mental capacity as one who is unable to understand the consequences of their actions.
This could be due by reasons of unsoundness of mind, mental disorder, intoxication, or under the influence of any drug or other substance.
Under Section 306, whoever abets a suicide or an attempted suicide, could face up to 10 years in jail and a fine upon conviction.
Section 309 would be removed from the Penal Code which currently makes attempted suicide a punishable offence of up to a year in jail, a fine or both upon conviction.
Earlier, Azalina, who was in charge of law and institutional reforms, tabled the Penal Code (Amendment No 2) Act 2023, the Criminal Procedure Code (Amendment No 2) Act 2023 and Mental Health (Amendment) Act 2023 for their first reading.
She informed Dewan Rakyat Speaker Datuk Johari Abdul that the Bills would be debated in the next Parliament meeting, which is scheduled for mid-May.
Meanwhile, Azalina said that amendments to the Mental Health Act would define the post and powers of "crisis intervention officers" under Section 11.
Under Section 11, any crisis intervention officer might apprehend any person who is believed to be mentally disordered and pose a danger to themselves, others or to property.
This includes any person who attempts suicide.
The officer is defined as any policeman, maritime enforcement officer, fireman, civil defence personnel or social welfare officer.
These officers will be empowered to enter any premises to apprehend the person who might be attempting suicide.
Once rescued, the officers must send the victim – in the soonest time practicable or within 24 hours – to see a psychiatric medical officer at a government or private psychiatric centre.
"The abolishment of attempted suicide is an effort by the government to prevent suicides.
"It is hoped that those affected will come forward to seek help while ridding the stigma of getting medical treatment for attempted suicide," said Azalina.
She added that a moratorium would be imposed for the current offence of attempted suicide pending the amendments and enforcement of the proposed law.
