Justice or crime? Public warned against vigilantism
PETALING JAYA: A crime is committed, a mob gathers, the culprit is caught and beaten up and handed over to the police.
That may sound like quick justice – but it could be a crime, too, especially if the suspect is badly injured or even killed.
Such mob actions often lead to greater harm, criminologists and experts warn.
Criminologist Dr Zalmizy Hussin said that even if people are angry over a crime, there is no legal or moral excuse for taking the law into their own hands to the point of injuring or killing someone.
The law, he said, only allows a “citizen’s arrest” if those arresting directly witness a seizable offence as stated under the Criminal Procedure Code (CPC).
“If the force used by the public is excessive and results in serious injury or death, those responsible can be charged, most commonly under Section 304A of the Penal Code, which covers causing death by negligence,” he said yesterday.
Zalmizy was commenting on a spate of cases where members of the public attacked crime suspects.
On July 28, a jobless man died after a mob allegedly beat him after he was said to have committed a lewd act in the parking lot of a supermarket in Jasin, Melaka.
On July 22, a suspected snatch thief was beaten to death by a group of men in Batu 9, Cheras in Kuala Lumpur.
Zalmizy said Section 28 CPC requires that the arrested person be handed over to the police without any delay.
“Vigilante action should never occur,” he added.
Criminologist Datuk Dr P. Sundramoorthy said acts of vigilantism are often caused by a lack of ethical and social standards in society.
“In communities where crime is seen as pervasive and justice as ineffective or delayed, the public may begin to rationalise that violent responses are necessary,” he said.
Sundramoorthy said citizens witnessing a crime should immediately notify law enforcement.
“If circumstances require immediate intervention, for example, preventing a criminal from fleeing, citizens may detain the individual, but using the minimum necessary force.
“This does not mean administering punishment or acting as judge and executioner. They should never take matters into their own hands,” he said.
Malaysians Against Rape, Assault and Snatch Thief (Marah) founder Dave Avran said while crimes such as snatch thefts are despicable, it does not give people the right to kill.
“What happened in Batu 9 Cheras was not justice, it was street vengeance and it cost a human life,” he said.
“We cannot become the very thing we claim to fight against.
“Despite what we feel about crimes and the justice system, it does not justify turning into a mob,” he said.
Alliance for a Safe Community chairman Tan Sri Lee Lam Thye said that while citizen’s arrests were lauded, members of the public must not go overboard.
“The public must never resort to excessive violence,” he said.
Kajang OCPD Asst Comm Naazron Abdul Yusof had previously reminded the public to abide by the law when performing a citizen’s arrest.
“Contact the authorities as soon as possible. Do not take the law into your hands,” he advised.
