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.
Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, 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.
Azalina was commenting on recent media reports that the Attorney General’s Chambers is examining a proposal to establish a special tribunal for compensation claims by families of crime victims, 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 said 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.
Meanwhile, Azalina said turning the Legal Affairs Division (BHEUU) into a full-fledged ministry will allow for more effective service delivery, given its expanding functions and responsibilities following various legal amendments and expressed hope that the proposed Law Ministry can become a reality next year.
“With its own secretary-general and director-general, it (BHEUU) can operate more effectively and better serve the public.”
In August last year, Prime Minister Datuk Seri Anwar Ibrahim said the government is considering setting up a dedicated Law Ministry to strengthen and enhance the nation’s legal ecosystem.
