Capital punishment in Malaysia
Encyclopedia
Capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

 in Malaysia
applies to murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

, drug trafficking, treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

, and waging war against Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

 (the King
King
- Centers of population :* King, Ontario, CanadaIn USA:* King, Indiana* King, North Carolina* King, Lincoln County, Wisconsin* King, Waupaca County, Wisconsin* King County, Washington- Moving-image works :Television:...

). Recently, the law has been extended to include acts of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face 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
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...

 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
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...

 for clemency. Pardons or clemency are granted by the Ruler or Yang di-Pertua Negeri
Yang di-Pertua Negeri
The Yang di-Pertua Negeri is the official title of the ceremonial heads of state of the Malaysian states without hereditary rulers, namely Penang, Malacca, Sabah and Sarawak...

 (Governor) of the state
States of Malaysia
Malaysia is a federation which consists of thirteen states and three federal territories . Eleven states and two federal territories are located on the Malay Peninsula while the remaining two states and one federal territory are on the island of Borneo.-The states and federal territories:Malaysia...

 where the crime is committed or the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

 if the crime is committed in the Federal Territories or when involving members of the armed forces. Death sentences are carried out by hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

 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 the death row. Malaysia also uses Sharia law.

Statutory provisions

The following is a list of the criminal offenses that carry the death penalty:
  • Waging war against the Yang di-Pertuan Agong - Section 121 Penal Code (see: Al-Ma'unah)
  • Offences against a Ruler - Section 121A Penal Code
  • Abetting mutiny (Armed Forces) - Section 132 Penal Code
  • Murder - Section 302 Penal Code (mandatory) (see: Mona Fandey
    Mona Fandey
    Maznah Ismail , better known as Mona Fandey, was a pop singer, witch doctor, and a murderess from Malaysia. She was executed on November 2, 2001 at the age of 45, after being convicted of the murder of a politician, Mazlan Idris, in 1993.-Music career:Mona's stint as a pop singer was short-lived...

    )
  • Abetment of suicide - Section 306 Penal Code
  • Attempt by life convict to murder, if hurt is caused - Section 307(c) Penal Code (mandatory)
  • Kidnapping or abducting in order to murder - Section 364 Penal Code
  • Hostage taking - Section 374A Penal Code
  • Gang robbery with murder - Section 396 Penal Code
  • Drug trafficking - Section 39B Dangerous Drugs Act 1952 (mandatory) (see: Barlow and Chambers execution
    Barlow and Chambers execution
    The Barlow and Chambers execution refers to the hanging in 1986 by Malaysia of two Australian citizens, Kevin John Barlow and Brian Geoffrey Chambers of Perth, Western Australia, for the drug trafficking of 141.9 g of heroin....

    )
  • Possession of firearms - Section 57 Internal Security Act 1960
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