The Abolition of Mandatory Death Penalty: Implementation in Malaysia and the United Kingdom

This paper examines Malaysia’s recent abolition of the mandatory death penalty in July 2023 and contrasts it with the United Kingdom, where the death penalty for murder was fully abolished in 1969. It explores the ongoing debate surrounding capital punishment, with a focus on human rights and ethical concerns. The primary objective is to identify the challenges in implementing the Abolition of Mandatory Death Penalty Act 2023 and to propose potential improvements. A qualitative research methodology was adopted, involving semi-structured interviews with key stakeholders in the criminal justice system, including a deputy public prosecutor, a magistrate, and experienced lawyers. The study draws on primary legal sources, such as the Malaysian Penal Code, the Abolition of Mandatory Death Penalty Act 2023, and the UK’s Homicide Act 1957, as well as secondary sources, including journal articles and online databases. The findings aim to assist stakeholders, particularly law enforcement and policymakers, by offering informed recommendations to further strengthen Malaysia’s criminal justice system in upholding the principles of fairness and aligning with established international human rights standards.