Has the death penalty been abolished in Malaysia?
Malaysia has abolished the mandatory death penalty for certain criminal offenses.
The Abolition of Mandatory Death Penalty Act 2023 came into force on 4th July 2024.
This new legislation provides judges with the discretion to impose either the death penalty or life imprisonment for specific offenses, instead of mandating the death penalty. Additionally, those currently on death row or serving life sentences can apply for resentencing via a review.
However, it is important to note that the death penalty itself has not been completely abolished. The death penalty remains a sentencing option for certain crimes, particularly drug trafficking and murder. The death penalty was recently meted out in the recent Court of Appeal case of the (6) former National Defence University of Malaysia (UPNM) students for the murder of their fellow cadet Zulfarhan Osman Zulkarnain 7 years ago.
Judges now merely have the discretion to choose between the death penalty and a prison sentence of 30 to 40 years, accompanied by at least 12 strokes of caning if the death penalty is not imposed.