Can death penalty laws survive without executions?

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Death Penalty Laws Can Persist Without Active Executions, Raising Legal Questions

Malaysia has not officially acknowledged any executions since May 24, 2017, when two men were executed at Sungai Buloh Prison. Despite this de facto halt in executions, individuals can still be sentenced to death under existing laws. This situation prompts a critical examination of why the death penalty remains on the statute books when it is no longer being actively practised.
Moratorium and Legislative Changes

A moratorium on the death penalty was formally put in place in 2018. This was followed by the Abolition of Mandatory Death Penalty Act 2023, which came into effect in 2023. This significant legislative change removed the mandatory imposition of the death penalty for certain offences and amended several related laws. However, the retention of the death penalty in law means that courts can still impose capital sentences.
Rationale for Retaining the Death Penalty in Law

The persistence of death penalty laws without active executions raises questions about their purpose and justification. While some political figures have advocated for its use in specific cases, such as fatal drink-driving accidents, scientific consensus and global studies generally indicate that the death penalty does not possess a significant deterrent effect compared to life imprisonment. The article notes that a majority of the over 900 individuals currently on death row are convicted of drug-related offences, often involving couriers or addicts rather than major traffickers.
Challenges and Advocacy for Abolition

Concerns have also been raised regarding the integrity of evidence gathering in capital cases, including allegations of compromised evidence and coerced confessions obtained through violence. Civil society organisations have been actively engaging with government officials, such as the Deputy Law Minister, to discuss the future of the death penalty. These discussions reflect ongoing advocacy efforts aimed at achieving the full abolition of capital punishment in Malaysia.

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Can death penalty laws survive without executions?

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