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Capital punishment in Malaysia

Capital punishment is a legal penalty in Malaysian law.

There are 34 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2003, rape resulting in death, or the rape of a child. Executions are carried out by hanging. Capital punishment was mandatory for 11 crimes for many years. In October 2018, the government imposed a moratorium on all executions until it was abolished. On 4 July 2023, mandatory capital punishment was abolished when the Abolition of Mandatory Death Penalty Act 2023 (Act 846) came into force.[1]

History[edit]

The idea behind capital punishment in Malaysia arose from a mix between the common law system that Malaysia inherited from British colonisation, as British Malaya, and the authorisation of capital punishment in Islam.[2]

Current practice[edit]

Death penalties are carried out in Malaysia by hanging. As of 2015 the penalty was mandatory in twelve offences and possible in thirty-three.[3] The thirty-three capital crimes included murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2003, rape resulting in death, or the rape of a child.[4] As of March 2023, there were thirty-four capital crimes, including murder and drug trafficking, with eleven of them carrying the mandatory death penalty.[5]


On 3 April 2023, the Dewan Rakyat approved new legislation abolishing the mandatory death penalty by voice vote.[6]

Recent developments[edit]

In 2016, Malaysia carried out nine executions, imposed 36 death sentences, and two death sentences were commuted. Malaysia was also reported to have 1,042 death row inmates, including 413 foreign nationals.[23] According to the World Coalition Against the Death Penalty, Malaysia carried out four executions in 2017.[24]


Ongoing discussions to repeal the death penalty as a mandatory sentence have occurred during the 2010s.[25][26][27]


On 10 October 2018, Liew Vui Keong, the minister in charge of law in the Prime Minister's Department, announced that the Malaysian Government would abolish the death penalty. The minister announced that the government had imposed a moratorium on all executions until the passage of the new law. The Pakatan Harapan government had campaigned on reviewing capital punishment and other "unsuitable" national security laws during the 2018 Malaysian general election.[25][26][27] The bill would mean that these serious crimes might only face the possibility of the death penalty in a High Court sentencing.[28]


The government's announcement to abolish capital punishment was welcomed by Kumi Naidoo, Amnesty International's Secretary General, who called on the Malaysian Parliament to consign the death penalty to the history books.[29] In contrast, multiple groups and people have come out against the abolition of the death penalty, including non-governmental Malay dominance organization, Perkasa.[30]


In March 2019, the government announced its decision to retain the death penalty, although it was announced that, despite the death penalty being retained as an official punishment in Malaysia, it will no longer be used as a mandatory punishment.[31][32][33]


On 13 July 2019, Minister in Prime Minister's Department Datuk Liew Vui Keong disclosed that a Bill to abolish mandatory death penalty was expected to be tabled in Parliament in October once the government had decided on appropriate prison terms for 11 serious crimes that it covers.[34]


On 10 December 2019, the Law Minister Liew Vui Keong announced that an anticipated proposal on alternatives to the death penalty would be submitted in January 2020, allowing judges a discretion in certain serious crimes.[35] The 2020–2022 Malaysian political crisis beginning in February 2020 led to a change in government, but subsequently the new Law Minister Wan Junaidi Tuanku Jaafar confirmed on 10 June 2022, that mandatory capital punishment would be formally abolished, with capital punishment being under the discretion of a judge.[36] After the 2022 Malaysian general election led to another change in government, the new administration formally passed new legislation in April 2023 officially abolishing the mandatory death penalty, with Deputy Law Minister Ramkarpal Singh telling Parliament, "The death penalty has not brought the results it was intended to bring."[37]


In April 2023, the Anwar Ibrahim cabinet introduced legislation in Parliament formally repealing the mandatory death penalty. The new law would replace the mandatory death penalty with a sentence of 30 to 40 years in prison, with the exception of offences under the Dangerous Drugs Act 1952 where life imprisonment would remain a possibility. The law would repeal the death penalty altogether for 10 offences, and allow judges discretion to either impose the death penalty or a prison sentence in 11 other offences.[38]


On 3 April 2023, the Dewan Rakyat approved the legislation abolishing the mandatory death penalty by voice vote.[6] The death penalty would be retained, but courts would have discretion to replace it with other punishments, including whipping and imprisonment of 30–40 years. This new jail term replaces sentences "for the duration of the offender's natural life". Life imprisonment in Malaysian law a fixed 30-year term, was retained.[5]

Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri – Section 121 (see: Al-Ma'unah)

Penal Code

Offences against the person of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri – Section 121A

Penal Code

Committing terrorist acts – Section 130C

Penal Code

Abetment of mutiny within Malaysian Armed Forces, if mutiny is committed in consequence thereof – Section 132

Penal Code

Murder – Section 302 (mandatory) (see: Mona Fandey)

Penal Code

Abetment of suicide of child or insane person – Section 305

Penal Code

Attempt to murder while under a life sentence – Section 307(2)

Penal Code

Kidnapping or abducting in order to murder – Section 364

Penal Code

Hostage-taking resulting in death – Section 374A (see: Pudu Prison siege)

Penal Code

Rape resulting in death – Section 376(4)

Penal Code

Gang-robbery with murder – Section 396

Penal Code

Trafficking in dangerous drugs – Section 39B (see: Barlow and Chambers execution)

Dangerous Drugs Act 1952

Discharging a firearm in the commission of a scheduled offence – Section 3

Firearms (Increased Penalties) Act 1971

Being an accomplice in case of discharge of firearm – Section 3A

Firearms (Increased Penalties) Act 1971

Offences in security areas for possession of firearm, ammunition and explosives – Section 57(1) (see: Botak Chin)

Internal Security Act 1960

Consorting with person carrying or having possession of arms or explosives in security areas – Section 58(1)

Internal Security Act 1960

Abduction, wrongful restraint or wrongful confinement for ransom – Section 3(1)

Kidnapping Act 1961

a Singaporean who murdered his girlfriend Jenny Cheok during a scuba diving trip in the waters of Sisters' Islands, Singapore in August 1963 when Singapore was still a part of Malaysia. The crime shocked both Singapore and Malaysia as the first case of murder without a body in both countries, and Ang was subsequently convicted and sentenced to death by the High Court of Singapore for murder in May 1965 solely based on circumstantial evidence and without Cheok's body. Ang was eventually hanged in Singapore's Changi Prison on 6 February 1967 (at the time of the execution, Singapore has separated from Malaysia since 9 August 1965 – three months after the end of Ang's trial).

Sunny Ang

Tan Kheng Ann and another 17 members out of the 58 detainees charged with killing four prison officers during the on 12 July 1963. These 18 men were found guilty of murder in March 1964 by the High Court of Singapore in the largest trial ever held in both Singapore and Malaysia, and a year later, on 29 October 1965, two months and twenty days after Singapore separated from Malaysia, the 18 men were hanged at Singapore's Changi Prison.

Pulau Senang prison riots

a Malaysian singer, vocalist, murderer, and witchcraft supporter. She was executed next to her husband and with another accomplice in November 2001.

Mona Fandey

40-year-old , a former aircraft cleaning supervisor who was executed on 23 September 2016, by hanging for murdering IT consultant Canny Ong.[51]

Ahmad Najib Aris

42-year-old citizen Lorraine Cohen and her 18-year-old son Aaron Shelton were arrested in the departure lounge of Penang International Airport in 1985 after narcotics were discovered hidden in their underwear. In 1987, Cohen was found guilty of trafficking 140 grams of heroin and sentenced to death, while her son was sentenced to life in prison for trafficking 34 grams of heroin. Both appealed their convictions in 1989 and Cohen had her sentence commuted to life imprisonment after successfully arguing she was a long time addict and the drugs were for her own use only, while her son's original sentence was upheld. In 1996 both were pardoned and released from prison.[59][60][61]

New Zealand

American woman Brenda Ferguson was arrested in 1994 for smuggling drugs into the country. She was sentenced to death and her sentence was reduced a year later.

[62]

Maria Elvira Pinto Exposto, an Australian, was arrested in December 2014 in Kuala-Lumpur Airport while in transit and was found to be in possession of 1.1 kg of crystal . She faced a mandatory death penalty, was acquitted by the court, but the prosecutors appealed. The appeal court vacated the acquittal decision, and in May 2018 she was sentenced to death.[63] On 26 November 2019, the Malaysian High Court acquitted her and ordered an immediate release.[64]

methamphetamine

Crime in Malaysia

Law of Malaysia

Capital punishment in Singapore