KUALA LUMPUR — Church leaders have expressed gratitude that the long awaited abolishment of the mandatory death penalty finally came into force July 4.
Archbishop Simon Poh of Kuching said, “I am proud that Malaysia has taken the step towards this abolition. It is important that the Church, together with all faiths continue to form the conscience and safeguard the moral values in our society. The moral and spiritual education of our children are our investment in the future generations of responsible citizens.”
The prelate recalled the involvement of the Christian Federation of Malaysia (CFM) in a focussed group discussion on the mandatory death sentence and alternative sentencing organised by the Bahagian Hal Ehwal Undang-Undang of the Prime Minister’s department on Dec 12, 2019.
Views of the three component bodies of CFM were shared during the discussion. Archbishop Simon who was then one of the vice-chairman of CFM and Archbishop Julian Leow (then CFM chairman) had given the views of the Catholic Church on the death penalty, which was then presented at the dialogue session by CFM Executive Secretary, Tan Kong Beng.
The Catholic Church teaches, in the light of the Gospel, that “the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person”, and she works with the determination for its abolition worldwide. (Catechism of the Catholic Church #2267)
In sharing his elation, Bishop of Penang Diocese, Rt Rev Sebastian Francis, said, “As Church, we have advocated with the Universal Church and Pope Francis for the abolition of the death penalty in all countries. Blessings to our legislators in Malaysia, the prayers of the Universal Church are answered in Malaysia. We continue to be in solidarity and pray for countries yet to abolish the death penalty.”
Bernama reported that the Attorney- General’s Chambers published a Federal Government gazette on June 30, indicating that the Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, determined the effective date of the law.
“In exercise of the powers conferred by subsection 1(2) of the Abolition of the Mandatory Death Penalty Act 2023 (Act 846), the minister appoints July 4, 2023, as the date on which the Act comes into operation,” the gazette stated.
The Act, which seeks to eliminate the mandatory death penalty, modify sentences related to life imprisonment and whipping, and address related matters, was passed by the Dewan Rakyat in April.
As per the provisions of the Act, the court is granted the discretion to impose either the death penalty or imprisonment for a duration ranging from 30 to 40 years. Additionally, if the death penalty is not imposed, the offender is liable to receive a minimum of 12 strokes of whipping as punishment.
Amendments were made to multiple laws, namely the Penal Code, the Criminal Procedure Code, the Firearms (Increased Penalties) Act, the Arms Act, the Kidnapping Act, the Dangerous Drugs Act, and the Strategic Trade Act, in order to eliminate the mandatory death penalty.
