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Govt mulls new temporary act for inmates undergoing mandatory death penalty

KUALA LUMPUR: The government is considering enacting a new temporary act for inmates undergoing the moratorium on the mandatory death penalty once the system is abolished.

Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) Ramkarpal Singh said the temporary act would directly impact 840 of 1,320 inmates under the moratorium against their appeal on the death penalty moratorium at the Federal Court.

Another 480 inmates would go through the normal appeal process, he said.

"At the moment, the review and research of related acts (on the death penalty) are being carried out to ensure the establishment of the best policy regarding alternative punishment to the mandatory death penalty.

"The human rights' aspects, the total cost of inmates management nationwide as well as the implementation of restorative justice in Malaysia have been taken into account," he said in Dewan Rakyat today.

Ramkarpal said this in response to Tebrau member of parliament Jimmy Puah Wee Tsee who requested the government to state the progress of the death penalty abolishment in Malaysia.

Ramkarpal said that a detailed study for alternative punishment for death sentences was being conducted by a special committee.

He added that the government was also implementing an alternative punishment policy against 11 offences that carry a mandatory death sentence and seven offences with a sentence subject to the court's discretion.

This includes Act 574 of the Penal Code; Act 37 of the Firearms Act 1971; Act 206 of the Arms Act 1960; Section 39B of the Dangerous Drugs Act 1952; and Act 365 of the Kidnapping Act 1961.

"The government is confident that amendments involving sentencing policy and alternative punishment to the mandatory death penalty are a positive change to the criminal justice system in Malaysia.

"This is because it will be more holistic and inclusive and does not deny individuals their fundamental rights to get proper justice.

"The implementation of this sentencing policy and alternative punishment also shows the government's commitment to reformation and improving the legal and justice system in the country, aside from ensuring the welfare of the public is being prioritised," he said.

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