Other key changes include the removal of capital punishment as a sentencing option for some serious crimes that do not cause death, such as discharging and trafficking of a firearm and kidnapping.Malaysia has had a moratorium on executions since 2018, when it first promised to abolish capital punishment entirely.
Assoc Prof Tan added that the abolition of the mandatory death penalty means that Malaysia still has in place the discretionary death penalty.“Malaysia still has the death penalty, and so do we . The abolition of the mandatory death penalty… may have given the mistaken impression that there is no more death penalty across the Causeway.”Malaysia still has the death penalty, and so do we .
This is simply because there is little or no data on what happens in jurisdictions which remove only the mandatory death penalty, and not the death penalty altogether, if indeed any other jurisdictions have done this. “The effect of the mandatory versus the discretionary death penalty, I have never heard of anyone doing such a , because as far as I know, no jurisdiction has ever done that,” he said.
He added that even without the mandatory death penalty, the risk of death still looms large, and hence a potential offender’s risk assessment when carrying out the crime will not change significantly. “People don’t always react in predictable and rational ways, so the answer is that we don’t know,” he said.
First, if the trafficker was only a courier and had no role in the supply or distribution of the drugs.
Source: Law Daily Report (lawdailyreport.net)