PUTRAJAYA: A special tribunal for compensation claims by families of crime victims may consider community service as an alternative to restitution or payments, helping entitled parties restore losses or remedy injustices, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister's Department (Law and Institutional Reform) said the assessment of types of compensation must be viewed broadly, taking into account individuals as well as the capacity of the responsible parties.
"We are looking at the issue of compensation within the Criminal Law Reform Committee from a broad perspective.
"For example, I have mentioned 'corporate manslaughter' in the case of a negligent bus driver. We want the company to be held responsible.
"But if the company is responsible, we cannot exactly send the company to prison," she said after the handover ceremony for the Office of the Public Defender, launch of Justice on Wheels (JoW), and commissioning of mediators for the Legal Aid Department here on Monday (April 20).
She was commenting on recent media reports that the Attorney General's Chambers (AGC) is examining a proposal to establish a special tribunal for compensation claims by families of crime victims.
The media reported that AG Tan Sri Mohd Dusuki Mokhtar confirmed the proposal requires a detailed study to ensure its effective implementation, should it be realised.
The proposal to establish a special tribunal follows calls from several quarters, including politicians and legal experts, who want compensation to be given to families of victims who have died as a result of crime, including accidents.
Azalina said the situation would differ when an organisation is held responsible for compensating the victims' families, potentially forming part of the sentencing package imposed.
She believes the proposed tribunal requires some adjustment, as compensation need not necessarily be monetary, citing the practice of several countries, such as the United Kingdom, the United States, Canada and Germany, that implement restitution in the form of community service. – Bernama
