What is Malaysia's mandatory death penalty?
Malaysia is moving to abolish the mandatory death penalty, currently in place mostly for blasphemy and drug offences in some countries
Malaysia’s government, in a statement released on June 10, has said it will abolish the ‘mandatory’ death penalty — the required execution of individuals convicted of certain crimes. Once the government’s decision comes into effect, lesser punishments can be given for these crimes.
Capital punishment in Malaysia is given mostly to drug offenders. As of February 2022, of the more than 1,000 people on death row, 905 have been convicted of charges related to drug trafficking, according to government data. Once the death penalty ceases to be mandatory, Malaysia will join a large number of “abolishment” countries that have stopped the punishment either in law or in practice over the last few decades.
India is among the countries that persist with the death penalty as the maximum punishment, but it is not mandatory for any crime.
In some countries (like Malaysia until now), the death sentence is imposed as the mandatory or only punishment for certain crimes. A judge does not have the discretion to give a lesser punishment, or to consider aspects such as the circumstances in which the crime was committed or of the defendant before handing out the sentence.
In Malaysia, terrorist acts, murder, and rape resulting in death carry the mandatory death penalty. The Malaysian government had made a similar announcement on ending the mandatory death penalty in 2018, but had failed to follow through, Reuters reported. The recommendation last week came from a government committee reviewing alternative punishments. But no details have been provided on when the recommendation would translate into law.
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