KUALA LUMPUR: The government will table seven bills related to the abolition of the mandatory death sentence in Parliament in February.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said in a statement said they are the Penal Code (Amendment) Bill 2022; Criminal Procedure Code (Amendment) Bill 2022; Criminal Justice (Amendment) Bill 2022; Kidnapping (Amendment) Bill 2022; Firearms (Increased Penalties) (Amendment) Bill 2022; Arms (Amendment) Bill 2022; and Dangerous Drugs (Amendment) Bill 2022.
"The cabinet today has examined and discussed the proposed alternative punishment to the mandatory death sentence, which I presented in my capacity as the Minister in the Prime Minister's Department (Law and Institutional Reform).
"I thank the government, under the leadership of Prime Minister Datuk Seri Anwar Ibrahim, and the cabinet for having agreed to continue the work of revising the laws related to the mandatory death penalty."
She said the Attorney-General's Chamber (AGC) has examined the policy of proposed alternative sentences to the capital punishment.
"They involve 11 offences that carry the mandatory death penalty as the provisions of the Penal Code and the Firearms (Increased Penalties) Act 1971; and 23 offenses that carry the death penalty, subject to the discretion of the court, under the Penal Code, Arms Act 1960, Firearms (Increased Penalties) Act 1971 and Kidnapping Act 1961.
"The government has agreed to amend related acts and proposed the bills," she said.
Azalina added the moratorium imposed on death penalty convicts remained until all amendments to the bills are implemented.
"The implementation of alternative punishment to the mandatory death penalty is expected to impact 1,327 prisoners who have been sentenced to death by the court.
"For those who have yet been convicted, alternative punishments to the death penalty can be implemented prospectively."
In the statement, Azalina also emphasised that the relevant amendments to the law did not abolish the death penalty altogether but instead gave the court discretion to decide the appropriate punishment based on the facts of the case.
"The implementation of this alternative punishment proposal is the government's commitment to ensure that the implementation of the abolition of the mandatory death penalty is deeply scrutinised from all aspects so that any follow-up action by the government concerning this issue would have a positive impact for the country."
Azalina added the criminal justice system is a key foundation for a safe and secure society.
"Therefore, the government will also consider a Phase 2 follow-up study, which involves reforming the criminal justice system, such as more effective sentencing policy, whipping and prisons reform that include measures to reduce prison overcrowding.
"Focus will also be given to the punishment approach based on rehabilitation and restorative justice."