|
Capital punishment in Malaysia is a legal form of punishment. It is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong (the King). Recently, the law has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death penalty. Since January 2003, the death penalty in Malaysia has been a mandatory punishment for rapists that cause death and child rapists. A 1961 law states that kidnapping carries a life sentence or a death sentence, preceded by a whipping. Foreigners are not exempt from the death penalty. Only High Courts have the jurisdiction to sentence someone to death. Juvenile cases involving the death penalty are heard in High Courts instead of the juvenile court where other juvenile cases are heard. Appeals to the Court of Appeal and the Federal Court are automatic. The last resort for the convicted is to plead pardon for clemency. Pardons or clemency are granted by the Ruler or Yang di-Pertua Negeri (Governor) of the state where the crime is committed or the Yang di-Pertuan Agong if the crime is committed in the Federal Territories or when involving members of the armed forces. Death sentences are carried out by hanging as provided in Section 281 of the Criminal Procedure Code. Pregnant women and children may not be sentenced to death. Between 1970 and 2001, Malaysia executed 359 people. As of 2006, 159 people remain on death row. The idea behind capital punishment in Malaysia arose from a mix between the common law system that Malaysia inherited during their colonisation period from the British and the authorisation of certain punishments from Islam.〔Andrew Novak Global Decline of Mandatory Death Penalty: Constitutional Jurisprudence and Legislative Reform in Africa, Asia and the Caribbean (Ashgate Publishing Ltd, Burlington, England, 2014) page 76〕 Currently, death penalties are carried out in Malaysia through hanging and the penalty is used for a variety of offences.〔(Submission 8 at paragraph [5] )〕 Under Article 5(1) of the Constitution of Malaysia, the death penalty was not expressly prohibited and this has yet to be re-appealed by parliament.〔(Constitution of Malaysia, Article 5(1) )〕 In a recent report on the death penalty carried out by Amnesty International on 27 April 2014, there have been at least 2 executions carried out in 2013. Amnesty noted that it was not able to gain the official figures given that there was a lack of information provided by the government on the matter.〔(Amnesty International, Death sentences and Executions in 2013, (27 March 2014), Amnesty International ACT 50/001/2014,at page 7 )〕 As for the number of people charged with an offence carrying the death sentences in Malaysia, it was estimated to be about 76 while there was an estimated 992 people on death row in Malaysia by the end of 2013.〔(International, Death sentences and Executions in 2013, (27 March 2014), Amnesty International ACT 50/001/2014, at page 8 and 24 )〕 Amnesty International noted in their report that the way the death sentence was passed in Malaysia happens to be inconsistent with International Covenant on Civil and Political Rights (ICCPR) given that the sentence does not take into consideration the defendants personal circumstances or the circumstances of the particular offence during the trial.〔(Amnesty International, Death sentences and Executions in 2013, (27 March 2014), Amnesty International ACT 50/001/2014,at pg 9 )〕 It was held that for some of the offences which carry the death penalty, the offence does not require that a person have any intent on killing another person thus it would not fall under the definition of a serious crime as stated by the ICCPR. Such offences can thus be said to be inconsistent with the ICCPR and universal human rights in general.〔 ==Statutory provisions== The following is a list of the criminal offences that carry the death penalty: * Waging war against the Yang di-Pertuan Agong – ''Section 121 Penal Code'' (''see: Al-Ma'unah'') * Offences against the person of a Ruler〔including the Yang di-Pertuan Agong, Sultan, Yamtuan Besar, Raja and Yang di-Pertua Negeri.〕 – ''Section 121A Penal Code'' * Abetting mutiny (Armed Forces) – ''Section 132 Penal Code'' * Murder – ''Section 302 Penal Code'' (mandatory) (''see: Mona Fandey'') * Abetment of suicide〔when suicide committed by a child, insane or delirious person, an idiot, or intoxicated person.〕 – ''Section 306 Penal Code'' * Attempt by life convict to murder, if hurt is caused – ''Section 307(c) Penal Code'' (mandatory) * Kidnapping or abducting to murder – ''Section 364 Penal Code'' * Hostage taking – ''Section 374A Penal Code'' (''see: Pudu Prison siege'') * Gang robbery with murder – ''Section 396 Penal Code'' * Drug trafficking – ''Section 39B Dangerous Drugs Act 1952'' (mandatory) (''see: Barlow and Chambers execution'') * Possession of firearms – ''Section 57 Internal Security Act 1960'' (''see: Botak Chin'') 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Capital punishment in Malaysia」の詳細全文を読む スポンサード リンク
|