[Criminal Law] No more mandatory death penalty?

No more mandatory death penalty?

The Abolition of Mandatory Death Penalty Bill 2023 came into effect on July 4, 2023, abolishing the mandatory death penalty.

What’s the difference between death penalty and mandatory death penalty?

The death penalty is the highest punishment that judges can impose on criminals within a legal system.

The mandatory death penalty does not allow any discretion for the court and requires the imposition of death penalty upon conviction for specific offenses.

Which offenses carry the mandatory death penalty?

Penal Code 121A: Offenses against the person of the Yang di-Pertuan Agong (King), Ruler, or Yang di-Pertua Negeri (State Governor).
Penal Code 130C: Committing terrorist acts resulting in death.
Penal Code 130I: Directing activities of terrorist groups resulting in death.
Penal Code 130N: Providing or collecting property for terrorist acts resulting in death.
Penal Code 130O: Providing services for terrorist purposes resulting in death.
Penal Code 130QA: Accepting gratification to facilitate or enable terrorist acts resulting in death.
Penal Code 130ZB: Accepting gratification to facilitate or enable organized criminal activity resulting in death.
Penal Code 302: Murder.
Penal Code 374A: Hostage-taking resulting in death.
Firearms Act, Section 3: Discharge of a firearm with intent to cause death or hurt.
Firearms Act, Section 3A: Accomplishes of those discharging a firearm with intent to cause death or hurt.
Dangerous Drugs Act, Section 39B: Trafficking in dangerous drugs when the courier requirement is not met.

 

What are the changes after abolishing mandatory death penalty?

 

After the abolishment of the mandatory death penalty, the alternative sentence is imprisonment for 30 to 40 years and 12 strokes of the whip.

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