Criminal
A Penal Code on Indian lines, with the mandatory death penalty abolished in 2023
The Penal Code follows the Indian model. In 2023 Malaysia abolished the mandatory death penalty, giving courts discretion in the 11 offences that previously carried it and allowing resentencing of those already condemned. Preventive detention powers under SOSMA remain in force and allow detention without trial for security offences.
Governing law
- Penal Code (Act 574) — General criminal law on Indian lines.
- Abolition of Mandatory Death Penalty Act 2023 — Judicial sentencing discretion; resentencing.
In practice
The Penal Code (Act 574) is the general criminal statute. The mandatory death penalty was abolished in 2023; courts now have sentencing discretion. SOSMA permits detention for 28 days without judicial order for security offences. Sharia criminal offences exist at state level for Muslims, with penalties capped by federal law. The 2023 reform allows resentencing applications for those under existing death sentences — a live area of practice. Drug trafficking under the Dangerous Drugs Act carries presumptions of trafficking based on quantity that shift the burden to the accused.