What replaces the mandatory death penalty for trafficking drugs?

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The Mandatory Death Penalty for Drug Trafficking is Replaced by Discretionary Sentencing

The proposed amendments to the Dangerous Drugs Act 1952, specifically Section 39B, aim to replace the mandatory death penalty for drug trafficking with a discretionary sentencing approach. Under these changes, courts will have the authority to decide whether to impose the death penalty, moving away from the previous mandatory imposition.
Reduced Whipping Sentence

A key alteration under the proposed amendments for drug trafficking is the reduction in the number of strokes for whipping. If the death sentence is not imposed, the whipping sentence will be reduced from the current 15 strokes to 12 strokes. This adjustment reflects a shift in sentencing philosophy for this offence.
Judicial Discretion on Capital Punishment

The amendments grant courts greater discretion regarding the imposition of the death penalty for drug trafficking. Judges will now have the power to decide on capital punishment without being strictly bound by the specific circumstances outlined in subsections (2A) and (2B) of the existing Act. This change allows for a more nuanced consideration of individual cases.
Broader Criminal Justice Reforms

The proposed changes to the Dangerous Drugs Act 1952 are part of a larger suite of legislative reforms introduced in Parliament. These include amendments to the Criminal Justice Act 1953, Kidnapping Act 1961, Firearms (Increased Penalties) Act 1971, Arms Act 1960, Criminal Procedure Code, and the Penal Code. These comprehensive revisions signal a significant move by Malaysia towards reforming its approach to capital punishment across various criminal offences.

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What replaces the mandatory death penalty for trafficking drugs?

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