ABOLITION OF MANDATORY DEATH PENALTY ACT 2023

Abolition of Mandatory Death Penalty LAWS OF MALAYSIA Act 846 ABOLITION OF MANDATORY DEATH PENALTY ACT 2023 1 2 Laws of Malaysia Act 846 Date of Royal Assent ... ... 9 June 2023 Date of publication in the Gazette ... ... 16 June 2023 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Abolition of Mandatory Death Penalty LAWS OF MALAYSIA Act 846 ABOLITION OF MANDATORY DEATH PENALTY ACT 2023 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Amendments of Acts Part II AMENDMENTS TO THE PENAL CODE 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Amendment of section 115 Amendment of section 118 Amendment of section 119 Amendment of section 121 Amendment of section 121a Amendment of section 121b Amendment of section 122 Amendment of section 124k Amendment of section 124m Amendment of section 125 Amendment of section 125a Amendment of section 128 Amendment of section 130 Amendment of section 130a Amendment of section 130b Amendment of section 130c Amendment of section 130d Amendment of section 130i Amendment of section 130j Amendment of section 130k 3 4 Laws of Malaysia Section 23. Amendment of section 130ka 24. Amendment of section 130n 25. Amendment of section 130o 26. Amendment of section 130qa 27. Amendment of section 130zb 28. Amendment of section 201 29. Amendment of section 212 30. Amendment of section 213 31. Amendment of section 214 32. Amendment of section 216 33. Amendment of section 221 34. Amendment of section 302 35. Amendment of section 307 36. Amendment of section 364 37. Amendment of section 374a 38. Amendment of section 450 39. Transitional Act 846 Part III AMENDMENTS TO THE FIREARMS (INCREASED PENALTIES) ACT 1971 40. Amendment of section 2 41. Amendment of section 3 42. Amendment of section 3a 43. Amendment of section 4 44. Amendment of section 5 45. Amendment of section 7 46. Transitional Part IV AMENDMENTS TO THE ARMS ACT 1960 47. Amendment of section 2 48. Amendment of section 14 Abolition of Mandatory Death Penalty Section 49. Amendment of section 32 50. Deletion of section 46 51. Transitional Part V AMENDMENT TO THE KIDNAPPING ACT 1961 52. Amendment of section 3 53. Transitional Part VI AMENDMENT TO THE DANGEROUS DRUGS ACT 1952 54. Amendment of section 39b 55. Transitional Part VII AMENDMENTS TO THE STRATEGIC TRADE ACT 2010 56. Amendment of section 9 57. Amendment of section 10 58. Amendment of section 11 59. Amendment of section 12 60. Transitional Part VIII AMENDMENTS TO THE CRIMINAL PROCEDURE CODE 61. Amendment of section 15 62. Amendment of section 172d 63. Amendment of section 388 64. Amendment of section 425a 65. Amendment of First Schedule 5 6 Laws of Malaysia Act 846 7 Abolition of Mandatory Death Penalty LAWS OF MALAYSIA Act 846 ABOLITION OF MANDATORY DEATH PENALTY ACT 2023 An Act to amend the Penal Code, the Firearms (Increased Penalties) Act 1971, the Arms Act 1960, the Kidnapping Act 1961, the Dangerous Drugs Act 1952, the Strategic Trade Act 2010 and the Criminal Procedure Code in order to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Abolition of Mandatory Death Penalty Act 2023. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 8 Laws of Malaysia Act 846 Amendment of Acts 2. The Penal Code [Act 574], the Firearms (Increased Penalties) Act 1971 [Act 37], the Arms Act 1960 [Act 206], the Kidnapping Act 1961 [Act 365], the Dangerous Drugs Act 1952 [Act 234], the Strategic Trade Act 2010 [Act 708] and the Criminal Procedure Code [Act 593] are amended in the manner specified in Parts II, III, IV, V, VI, VII and VIII respectively. Part II AMENDMENTS TO THE PENAL CODE Amendment of section 115 3. The Penal Code, which is referred to as the “Code” in this Part, is amended in section 115 by inserting after the words “which may extend to twenty years” the words “or upwards”. Amendment of section 118 4. Section 118 of the Code is amended by inserting after the words “which may extend to twenty years” the words “or upwards”. Amendment of section 119 5. Section 119 of the Code is amended by inserting after the words “which may extend to twenty years” the words “or upwards”. Amendment of section 121 6. Section 121 of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Abolition of Mandatory Death Penalty 9 Amendment of section 121a 7. Section 121a of the Code is amended by substituting for the words “with death and shall also be liable to fine” the words “with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Amendment of section 121b 8. Section 121 b of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 122 9. Section 122 of the Code is amended by substituting for the words “imprisonment for life or imprisonment for a term not exceeding twenty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 124k 10. Section 124k of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 124m 11. Section 124m of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 125 12. Section 125 of the Code is amended by substituting for the words “imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”. 10 Laws of Malaysia Act 846 Amendment of section 125a 13. Section 125a of the Code is amended by substituting for the words “imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 128 14. Section 128 of the Code is amended by substituting for the words “imprisonment for life, or imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 130 15. Section 130 of the Code is amended by substituting for the words “imprisonment for life, or imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 130a 16. Section 130a of the Code is amended by deleting paragraph (f). Amendment of section 130b 17. Subsection 130 b (1) of the Code is amended by deleting the definition of “imprisonment for life”. Amendment of section 130c 18. Paragraph 130c(1)(a) of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Abolition of Mandatory Death Penalty 11 Amendment of section 130d 19. Section 130d of the Code is amended by substituting for the words “imprisonment for life or imprisonment for a term not exceeding thirty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 130i 20. Paragraph 130i(a) of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Amendment of section 130j 21. Subsection 130j(1) of the Code is amended by substituting for the words “imprisonment for life or imprisonment for a term not exceeding thirty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 130k 22. Section 130k of the Code is amended by substituting for the words “imprisonment for life, and shall also be liable to fine; or with imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years, and shall also be liable to fine”. Amendment of section 130ka 23. Section 130ka of the Code is amended by substituting for the words “imprisonment for life” the words “forty years”. Amendment of section 130n 24. Paragraph 130n(a) of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. 12 Laws of Malaysia Act 846 Amendment of section 130o 25. Paragraph 130o(1)(aa) of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Amendment of section 130qa 26. Paragraph 130qa(a) of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Amendment of section 130zb 27. Paragraph 130zb(a) of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Amendment of section 201 28. Section 201 of the Code is amended by inserting after the words “imprisonment which may extend to ten years” the words “or upwards”. Amendment of section 212 29. Subsection 212(1) of the Code is amended by inserting after the words “imprisonment which may extend to ten years” the words “or upwards”. Amendment of section 213 30. Section 213 of the Code is amended by inserting after the words “imprisonment which may extend to ten years” the words “or upwards”. Abolition of Mandatory Death Penalty 13 Amendment of section 214 31. Section 214 of the Code is amended by inserting after the words “imprisonment which may extend to ten years” the words “or upwards”. Amendment of section 216 32. Subsection 216(1) of the Code is amended by inserting after the words “imprisonment for ten years” the words “or upwards”. Amendment of section 221 33. Paragraph 221(b) of the Code is amended by inserting after the words “imprisonment for a term which may extend to ten years” the words “or upwards”. Amendment of section 302 34. Section 302 of the Code is amended by inserting after the words “with death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”. Amendment of section 307 35. Section 307 of the Code is amend