M'sia not imposing death penalty for serious driving under influence offences

Malaysia is not about to impose the death penalty to penalise acts of driving under the influence, according to Malaysia transport minister Anthony Loke.

He said it was not necessary for the Road Transport Act 1987 to include the execution of offenders, as the existing laws were sufficient, given that offenders could still be charged for murder for serious offences, where applicable, which carries the punishment of execution, The Star reported.

“As far as the government is concerned, we have already stopped mandatory death penalties,” he told reporters on Apr. 13 following a road safety programme at Tunku Abdul Rahman University of Management and Technology.

“So this is not something we are considering, even if the opposition calls for it. The government does not need to do everything that the opposition calls for,” he added.

Even without the death sentence provision Road Transport Act 1987, the Attorney General’s Chambers in Malaysia can still charge somebody under Section 302 of the Penal Code, he added.

The Abolition of Mandatory Death Penalty Act 2023 in Malaysia came into effect on Jul. 4 2023, which was aimed at revoking the death penalty.

Looking at compensation for victims

Instead, Loke said the Malaysia government was looking to amend the act to strengthen support for victims’ families as part of retributive justice.

This could include making offenders pay a compensation.

Loke added: “This is because the current avenue for victims’ families is through civil action, where the process is tedious, costly and can take a very long time.”

He added that the government planned to table the amendment to the act during the parliamentary session in June 2026.

Recent tragic death of motorcyclist sparked discussion

This recent focus on more severe punishments and more viable recourse for victims followed the tragic death of a motorcyclist in an accident on Jalan Raya Barat, Klang.

The driver who allegedly caused the accident was under the influence of alcohol and drugs, and charged with murder on Apr. 1.

If convicted, he faces the death penalty, 30 to 40 years’ jail, and at least 12 strokes of the cane.

Background

An opposition party member, Wan Ahmad Fayhsal Wan Ahmad Kamal, had urged the Malaysia government to consider the death penalty for drunk drivers who cause fatal accidents, it was previously reported.

He said there was a lack of deterrence given the repeated fatal accidents that involved intoxicated drivers.

Photo from Anthony Loke Facebook & Unsplash