Release Hamdin, Peko, and Ahsanul - NO NEED TO REMAND at all (a Joint Statement) Why Azam Baki not 'SUSPENDED" - risk of tampering of evidence is REAL?

REMAND is not at all necessary for investigations - and can be seen as the dreaded 'pre-conviction' punishment. Investigation can always proceed - call the suspect/witness to the police station at particular date/time for the purpose of investigation. If they do not turn up - maybe then remand may come into play. Remember, some, for more serious and complicated crimes, like Najib Razak, was never, I believe, held in remand for purposes of investigation. 

Disturbing to note the MACC Chief Commissioner is still not being SUSPENDED - as the risk of tampering with evidence is very real?? - Suspend Azam Baki NOW Pending Investigation to Reduce Risk of Tampering of Evidence - don't wait until term ends in May?

For immediate release.

8 April 2026

 

Joint Statement

Release Hamdin, Peko, and Ahsanul, Tangkap Azam Baki!

We, the undersigned civil society organisations and individuals, condemn the arrest and remand of Hamdin, Fakrurrazzi (Peko), and Ahsanul for their protest action against Azam Baki.

We were informed that they are under investigation under Sections 186, 447, 504 of the Penal Code, and Section 14 of the Minor Offences Act. They have been granted a remand order for 3 days, effective 8 April 2026.

The right to expression and assembly is provided and protected by Article 10 of the Federal Constitution. As this right can be restricted only in limited circumstances involving national security, it is preposterous to suggest that the peaceful protest by these three activists against Azam Baki constitutes a threat to national security.

Azam Baki’s abysmal performance as the Chairperson of the Malaysian Anti-Corruption Agency (MACC) is obvious to all. He has consistently failed to fulfill his duties and responsibilities, particularly regarding the ownership of company shares, and has persistently failed to investigate and address corruption allegations.

Due to these violations, Azam Baki has single-handedly reinforced the perception that MACC is a political tool that acts against Malaysia's interests.

Given Azam Baki's blatant disregard for rules binding civil servants, his failure to investigate corruption, and the government's repeated failure to hold him accountable for his indiscretion, public action and protest remain the only means for Malaysians to combat corruption.

Hamdin, Peko, and Ahsanul’s peaceful confrontation of Azam Baki is a testament to the strength and resilience of our democracy in the face of authoritarianism and corruption. Their action, which should be celebrated and honoured, was instead met with arrest and multiple criminal charges.

The decision by the Royal Malaysian Police (PDRM) to arrest and seek an extended remand period against them can only be interpreted as a means to intimidate and deter Malaysians against challenging Azam Baki and those behind him. Malaysians have grown beyond such tactics and will not be cowed.

We demand the immediate release of Hamdin, Fakrurrazzi (Peko), and Ahsanul.

If there were to be any arrest, Azam Baki should have been at the top of the list.

#TangkapAzamBaki

Bebas Hamdin, Peko, dan Ahsanul, Tangkap Azam Baki!

 Kami individu-individu serta organisasi masyarakat sivil mengutuk penangkapan dan penahanan reman ke atas  Hamdin, Fakrurrazzi (Peko), dan Ahsanul di atas tindakan mereka melakukan aksi protes terhadap Azam Baki.

Kami dimaklumkan bahawa kesemua mereka sedang disiasat  di bawah Seksyen 186, 447, 504 Kanun Keseksaan dan Seksyen 14 Akta Kesalahan-kesalahan Kecil. Kesemua mereka juga telah dibenarkan reman selama 3 hari bermula 8 April 2026.

Hak untuk berhimpun dan berekspresi adalah hak yang diberikan serta dilindungi di bawah Artikel 10 Perlembagaan Persekutuan. Oleh yang demikian, hak ini hanya boleh dihalang sekiranya ia melibatkan hal keselamatan negara, maka ianya tidak masuk akal sekiranya tindakan protes aman oleh tiga aktivis terhadap Azam Baki ini dianggap sebagai satu risiko terhadap keselamatan negara.

Prestasi Azam Baki sebagai Pengerusi Agensi Pencegahan Rasuah Malaysia (SPRM) yang sangat teruk adalah jelas dan nyata bagi semua. Dia secara tekal telah gagal untuk menjaga amanah dan tanggung jawabnya, khususnya berkaitan dengan kepemilikan saham syarikat dan secara terus menerus gagal untuk menyiasat dan menangani tuduhan korupsi terhadap dirinya sendiri.

Disebabkan pelanggaran-pelanggaran ini, Azam Baki telah mengukuhkan persepsi SPRM sebagai alat politik dan bertindak bertentangan dengan kepentingan awam.

Disebabkan tindakan Azam Baki yang sewenang-wenangnya mengabaikan peraturan dan etika penjawat awam, kegagalan dia untuk menyiasat korupsi, serta kegagalan berulang kali kerajaan untuk mengambil tindakan terhadap Azam Baki, maka aksi langsung dan proteslah hanya jalan yang tinggal untuk rakyat Malaysia melawan korupsi.

Tindakan Hamdin, Peko dan Ahsanul adalah bukti kekuatan dan ketahanan demokrasi kita dalam melawan korupsi dan salah guna kuasa. Tindakan mereka, yang sepatutnya diraikan dan dihormati, sebaliknya telah dibalas dengan penahanan dan pelbagai tuduhan jelanayah.

Keputusan oleh Polis Diraja Malaysia (PDRM) untuk menangkap dan melanjutkan tempoh tahanan reman ke atas mereka juga boleh dianggap sebagai satu usaha untuk menakut-nakutkan dan mencegah rakyat Malaysia daripada mempertanggungjawabkan Azam Baki dan dalang-dalang disebalik skandal ini. Rakyat Malaysia jelas telah muak dan lali dengan taktik lama ini dan tidak akan tunduk.

Kami menuntut pembebasan segera Hamdin, Fakrurrazzi (Peko), dan Ahsanul.

Jika sebarang tangkapan perlu dilakukan, Azam Baki yang sepatutnya terlebih dahulu dibawa ke muka pengadilan.

 

#TangkapAzamBaki

 

Endorsed by,

1. MANDIRI
2. HAYAT
3. Borneo Komrad
4. Liga Mahasiswa Malaysia
5. Liga Mahasiswa Universiti Malaya
6. SIUMAN Collective
7. Liga Mahasiswa Universiti Sains Malaysia
8. Liga Mahasiswa Universiti Sultan Zainal Abidin
9. Liga Mahasiswa Universiti Teknologi Mara
10. Liga Mahasiswa Universiti Kuala Lumpur
11. Federasi Pemuda Kebangsaan
12. Gerakan Perempuan Melawan
13. Liga Rakyat Demokratik
14. Persatuan Mahasiswa Orang Asli Malaysia
15. Gerakan Belia Sepunjabi Malaysia (GBSM)
16. Jawatankuasa Hak Sivil KLSCAH (KLSCAH-CRC)
17. Kuala Lumpur Chinese Assembly Hall Youth Section (KLSCAH Youth)
18. Suara Rakyat Malaysia (SUARAM)
19. Citizens international
20. Diversity Inclusivity Equity Malaysia (DIEM)
21. Sekretariat Lawan 2 Darjat
22. Pertubuhan Mahasiswa Kongres Gombak (CONGRESS)
23. New Generation Universiti Malaya
24. Himpunan Advokasi Rakyat Malaysia (HARAM)
25. Bangsa Mahasiswa Universiti Kebangsaan Malaysia
26. Ikatan Mahasiswa Demokratik Malaysia
27. MUDA
28. TEROKA
29. Sekretariat Reformasi Institusi Pendidikan Tinggi #ReformIPT
30. Suara Siswa Universiti Malaya
31. Demokrat Malaya
32. Women in Power
33. Undi18
34. Saya Anak Bangsa Malaysia [SABM]
35. BERSIH
36. JEJAKA
37. Sabah Reform Initiative (SARI)
38. Ruang Lawan Malaysia
39. Lembaga Bantuan Hukum Masyarakat, Indonesia
40. Malaysian Protest 4 Palestine
41. Amy Dangin
42. Teoh Beng Hock Association for Democratic Advancement
43. Ikatan Anak Muda Tawau (IKAT)
44. Gerakan Anak Muda Pantai Timur (GEMPUR)
45. Suara Mahasiswa UMS
46. Federasi Pemuda Kebangsaan
47. Demokrat Universiti Kebangsaan Malaysia
48. Portal Nadisiswa.com
49. CIVICUS: World Alliance for Citizen Participation
50. Mirthless (band)
51. UMANY
52. Kesatuan Stateless
53. Relaut
54. KMUM Perancangan Strategik
55. Advocates for Non-Discrimination and Access to Knowledge (ANAK)
56. KL Queer Space
57. Greater Equitable Measures (GEM)
58. Buku Jalanan Chow Kit
59. Women’s March Malaysia 2026
60. Agora Society Malaysia
61. Aliran
62. Cahaya Society
63. filsufi. & co
64. Korum
65. Jentayu - Malaysia Muda
66. Greenpeace Malaysia
67. North South Initiative
68. Dania Kamal Aryf
69. ALTSEAN-Burma
70. Justice for Sisters
71. SIS Forum
72. Pocket of Pink (POP)
73. Monsters Among Us (MAU)
74. Center to Combat Corruption & Cronyism (C4 Center)
75. Parti Sosialis Malaysia
76. Student Power and Rise of Campus (SPARC)
77. Gabungan Bertindak Malaysia (GBM)
78. Angkatan Kesatuan Siswa Sosialis (AKSI)
79. The Vote Wisely Project (Sabah)
80. Pemuda Sosialis
81. Apa Kata Wanita Orang Asli (AKWOA)
82. MADPET - Malaysian against Death Penalty and Torture
83. Projek SAMA
84. Light Brigade
85. Family Frontiers
86. Reproductive Rights Advocacy Alliance Malaysia (RRAAM)
87. Kemban Kolektif
88. Freedom Film Network
89. Environmental Protection Society Malaysia (EPSKesatuan Mahasiswa Universiti Malaya Fakulti Sastera dan Sains Sosial
90. Persatuan Kebangsaan Pelajar Islam Malaysia Universiti Malaya 

    89 Civil Societies Call For The Release Of Protestors Who Targeted Azam Baki
    By Editor

    April 8, 2026

    
    
    

    A total of 89 coalition of civil society organisations and activists have condemned the arrest and remand of three individuals following a protest targeting Azam Baki, calling for their immediate release and defending their right to peaceful assembly.

    In a joint statement issued on Wednesday, the groups said the activists — identified as Hamdin, Fakrurrazzi (also known as Peko), and Ahsanul — are being investigated under multiple legal provisions, including Sections 186, 447, and 504 of the Penal Code, as well as Section 14 of the Minor Offences Act. The trio has been remanded for three days beginning April 8.

    The coalition argued that the arrests were unjustified, stressing that the protest was peaceful and fell within the protections of Article 10 of the Federal Constitution, which guarantees freedom of expression and assembly.

    “It is preposterous to suggest that a peaceful protest constitutes a threat to national security,” the statement said, adding that such actions risk undermining democratic principles.

    The groups were sharply critical of Azam Baki’s leadership of the Malaysian Anti-Corruption Commission (MACC), alleging failures in addressing corruption and controversies surrounding his own conduct. They claimed public frustration over perceived inaction had driven citizens to protest.

    According to the statement, the arrests could be seen as an attempt to intimidate the public and deter dissent, a move the coalition said Malaysians would not accept.

    The organisations further urged authorities to uphold civil liberties and ensure that law enforcement actions remain proportionate and in line with constitutional protections.

    The joint statement was endorsed by dozens of groups, including Suara Rakyat Malaysia, Bersih, Greenpeace Malaysia, and Parti Sosialis Malaysia, among others, reflecting widespread concern across civil society over the incident.

    They concluded by reiterating their demand for the immediate release of the three activists and called for greater accountability in addressing corruption allegations.- Business Today, 8/4/2026

    DAP Youth: Expedite answers on Azam's shares, not arrest protesters

    Published:  Apr 8, 2026 3:38 PM

    ⋅

    Updated: 5:49 P

    DAP Youth has joined calls for the immediate release of the three protesters arrested for disrupting MACC chief commissioner Azam Baki’s speech, urging the government to clarify the controversy over his shareholdings swiftly.

    “DAP Youth stresses that the priority now is to expedite a transparent and open investigation into the issue of excessive shareholding involving Azam, and to provide convincing explanations to the public, rather than investigating activists and students as a means of deflecting the issue,” it added in a statement.

    Reminding authorities that the era of autocratic governments in Malaysia has passed, the wing emphasised that the Madani government upholds the rights and freedoms of speech.

    “Therefore, the police must adhere to the rule of law and avoid excessive actions that will only create tension and undermine public confidence in the government,” DAP Youth said.

    ADS

    The wing stressed that law enforcement under the Madani government must also show greater openness, inclusivity, and respect for citizens’ freedom of speech.

    

    MACC chief commissioner Azam Baki

    Fundamental right

    DAP Youth noted that in a democratic nation, the right to demand accountability from the government is a fundamental right of the people.

    It added that as long as such actions do not disrupt public order, authorities should not act rashly by restricting citizens’ freedom of speech.

    Earlier, the Tangkap Azam Baki Secretariat described the detention and three-day remand of the three youths involved in the protest as an attempt by authorities to silence anti-corruption activists.

    Group spokesperson Alyaah Hani Anuar said: “We view this arrest as an intimidation tactic by the Madani government, and the three-day remand is unreasonable.

    “We see this as a form of intimidation and a betrayal of freedom of speech.”

    The three who were detained - Liga Rakyat Demokratik president Hamdin Nordin, Liga Mahasiswa activist Ahsanul Akmal Sulam, and Mandiri coordinator Fakrurrazzi Khairur Rijal - are being investigated under Sections 186, 447, and 504 of the Penal Code, as well as Section 14 of the Minor Offences Act 1955.

    The provisions relate to offences of obstructing public servants, trespass, provocation, and public nuisance, carrying penalties ranging from a small fine of RM100 to up to two years’ imprisonment.

    Kuala Lumpur police chief Fadil Marsus, who confirmed the remand order, said: “We have opened an investigation into the offences of preventing the duty of a public officer, sedition and also trespass.

    “We will attempt to complete the investigations urgently. More than two police reports were lodged over the incident,” Fadil said during a press conference at the Kuala Lumpur police contingent headquarters today.

    ‘Peaceful protest not a crime’

    Separately, Amnesty International Malaysia’s freedom of expression campaigner Kiran Kaur said the trio’s detention over a peaceful protest highlights an alarming pattern of penalising non-violent expression.

    

    Amnesty International Malaysia’s Kiran Kaur

    “Instead of delivering on long-promised reforms such as repealing laws that restrict free speech, the authorities are once again resorting to broad and punitive measures to silence dissent.

    “Peaceful protest is not a crime. Arresting and detaining activists over alleged criminal trespass and ‘intentional insult’ is a disproportionate response to non-violent action,” she said in a statement.

    Kiran stressed that instead of targeting activists, the government should create an environment where people can safely express criticism and demand accountability.

    “The repeated arrest and detention of government critics points to a broader pattern of shrinking civic space that must urgently be reversed,” she added.

    The activists were arrested after holding placards calling for Azam’s arrest when the chief commissioner was delivering a speech at the World Trade Centre Kuala Lumpur yesterday.

    

    Azam has been in the spotlight over his shareholdings, which allegedly exceed limits imposed on public officials, while MACC has been accused of being part of a corporate mafia scandal, with officers allegedly colluding with businesspersons to execute corporate takeovers.

    Last week, government spokesperson Fahmi Fadzil denied allegations that Prime Minister Anwar Ibrahim had asked “key people” in the probe of Azam’s shareholdings to hold off from making their findings public. - Malaysiakini, 8/4/2026

     

Failure Of Public Prosecutor to Apply to Court for Compensation for Victims of Crime to Be Paid by the Convicted, Including Those Who Cause Death, is Unforgivable

 

Media Statement – 6/4/2026

Failure Of Public Prosecutor to Apply to Court for Compensation for Victims of Crime to Be Paid by the Convicted, Including Those Who Cause Death, is Unforgivable

There is an ongoing debate whether the perpetrator in recent fatal drunk driving case should be charged for murder or some other crimes. Whatever crime, the sentence only if convicted, does not do justice to victims unless victims are also compensated for their loss/suffering by the convicted criminal.

Compensation for Victims of Crime by the Convicted Criminal

Victims of crime, including those who were ‘killed’ in drunk driving fatal accidents, deserve to be compensated by the convicted criminal, and this RIGHT is already there in Malaysian law, in section 426 of the Criminal Procedure Code but victims, many a time, are do not compensations because of failure of Public Prosecutor Dusuki and Public Prosecutors before him who failed to apply to court for compensation for victims.

Section 426A states ‘…. the Court before which an accused is convicted of an offence shall, upon the application of the Public Prosecutor, make an order against the convicted accused for the payment by him, …. of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused… ‘

If and when an application is made by the Public Prosecutor, ‘the Court may hold an inquiry as it thinks fit’, and amongst the things that the court will consider include ‘(a) the nature of the offence; (b) the injury sustained by the victim; (c) the expenses incurred by the victim;(d) the damage to, or loss of, property suffered by the victim;…’

Section 432  provides that when the Court orders the convicted to pay the victim ‘…compensation, the Court making the order may in its discretion do all or any of the following things, namely- (a) allow time for the payment of that sum; (b) direct payment of that sum to be made by instalments; (c) issue a warrant for the levy of that sum by distress and sale of any property belonging to that person;… (e) direct that that person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him:…’

Even when the Court orders the victim to be compensated, the right to sue for more is still preserved in law.

Section 426A (4) states ‘To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.’ That means that the victim still can claim for more damages and compensation from the convicted criminal.

Public Prosecutor Fails to Apply for Compensation for Victims

Whilst there are very few reported cases, where the court ordered victims to be compensated, the norm seems to indicate that the Public Prosecutor failed to apply to court for the victim to be compensated.

Now, we no longer should just be interested that the convicted criminal be punished, but are also concerned about victim of the crime – their right to be compensated.

Restorative justice aims to repair harm caused by crime by focusing on victim needs, offender accountability, and community involvement rather than just mere punishment.

Whilst monetary compensation for victims by the perpetrators is the first step, the State need to look beyond that including support and rehabilitation of victims.

MADPET (Malaysians Against Death Penalty and Torture) calls on Public Prosecutors to show concern for victims of crime, and never again fail, intentionally or otherwise, to apply to the Court so that victims of crime will be compensated by convicted criminals;

Sec 426 must be amended – giving right of Victims to apply for compensation, etc

MADPET calls for the amendment of Section 426, to give the Courts the power to act on their own even when the Public Prosecutor fails to apply for compensation for victims;

MADPET also calls, for victims to be given the RIGHT to directly apply to court for an order for compensation by the convicted criminal; and

Victims must be informed of trial dates by Public Prosecutor

Noting that in many criminal trials, the victims today do not even know that the accused has been charged in Court, or when the trial dates are, it is important to enact a law, requiring the Public Prosecutor to mandatorily inform all victims, that the accused has been charged and the trial dates of the criminal trial. Victim’s right to know who is the perpetrator of the crime and the right to attend trials should be a fundamental right. Victims also have a right to know what happened to their property that was stolen – was the property recovered or what happened to it.

It is a sad state and unacceptable state of affairs, when victims are kept in the dark – not knowing that the perpetrators have been identified, arrested, charged and even convicted. Victims rightly must be informed of the details of the identity of the convicted perpetrators, including their MyKad or Passport details, address, etc. sufficient for victims to be able to consider taking legal action against said perpetrators to get compensation and/or damages.

Section 107A Criminal Procedure Code, which came into force in 2007, now states (1) Any person who has given information under section 107 may request for a report on the status of the investigation of the offence complained of in his information from the officer in charge of a police station where he gave the information. -  this provision is to ensure that persons who lodges reports, including victims, have a right to know the status of the investigation BUT for victims of the crime, they should not be required to make any request, but should reasonably be informed as of right when the accused is charged, the trial dates, and also the fact of conviction and sentence. Victims should also be furnished with charge sheets, and also the facts of the case the accused admitted to if the accused pleads guilty, and/or a copy of the court judgment – and rightly this duty should fall on the Public Prosecutor.

Legal Presumption that criminal convictions is proof of crime in claims by Victims for compensation

Malaysia also needs to amend laws, whereby a criminal conviction will raise the legal presumption of guilt for the offences committed by the convicted against the victims, to make it easier for victims in particular to succeed in claims for compensation from the convicted criminals. Today, generally a criminal conviction is often inadmissible in a subsequent civil case, thus requiring victims to proof again the liability of the convicted in civil suits to succeed in a claim for damages/compensation – which is an onerous burden and unnecessary burden that hinders justice be done for victims.

MADPET also calls for Section 426 to be reviewed and amended, so that loss suffered by the families/dependents by the death of the victim who was killed by the perpetrator of the crime of murder and/or driving under the influence also be specifically considered by the Criminal Court Judge in determining the amount of compensation that the convicted be ordered to pay the families/dependents.

Justice must be done and be seen to be done. The administration of criminal justice in Malaysia need to ensure that victims of crimes get at the very least compensation/damages from the convicted. 

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

The statement was carried by Malaysiakini in their SNAPSHOTS 

Law

• Malaysians Against Death Penalty and Torture (Madpet) today argued that the debate over murder charges in fatal drunk driving cases overlooked a more important issue: justice for victims.

  The group highlighted that Malaysian laws, particularly Section 426A of the Criminal Procedure Code, provide for compensation. However, it said that in practice, victims often do not receive compensation, accusing public prosecutors of frequently failing to apply to the court for such orders.

  In a statement, Madpet coordinator Charles Hector said when applications are made, courts have the authority to assess compensation based on factors such as the nature of the offence, injuries suffered, expenses incurred, and property loss.

  He said courts may also enforce payment through instalments, property seizure, or other means. Importantly, victims retain the right to pursue additional civil claims beyond the compensation awarded in criminal proceedings.

  He also criticised the justice system for focusing on punishment rather than restorative justice, which includes repairing harm and addressing victims’ needs. - Malaysiakini, Snapshots, 6/4/2026

 

 

After abolishment of death penalty, it’s time to seek compensation from convicted murderers

• By FocusM
• 04/04/2023
• in Featured, Mainstream, Top

IN welcoming the Dewan Rakyat’s passing of the Abolition of Mandatory Death Penalty Bill (AMDPB) 2023 yesterday (April 3), the Malaysians Against Death Penalty and Torture (MADPET) now calls on the public prosecutor to diligently apply for compensation from the convicted in criminal trials for victims of crime, including family members of murder victims.

The non-governmental organisation (NGO) said a perusal of reported cases shows that the public prosecutor seldom applies for compensation for victims, including the family of murder victims.

“In some cases, they just apply for prosecution cost,” MADPET co-founder Charles Hector pointed out in his latest blog. “The government is considering this but it must be pointed out that it is already provided for in the Criminal Procedure Code.”

Charles Hector

Section 426 states that the public prosecutor can apply for an order against the convicted accused for payment by him of a sum to be fixed by the court as compensation.

Moreover, the same section also states that the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or damages beyond the amount of compensation paid under the order.

“This means that victims of murder or other crimes can still commence a civil court action to claim damages,” explained Hector who is also a human rights lawyer.

“Altantuya Sharibu’s family did just that with the court finding that not just convicted murderers Sirul (Azhar Umar) and Azilah (Hadri) but also  political analyst Abdul Razak Baginda liable to their claim of unlawful killing of the deceased (Altantuya).”

In the legal suit, the government was vicariously liable as Sirul and Azilah were police officers. The accused were ordered to pay cost and RM5 mil in general, aggravated and exemplary damages to the deceased’s family, among others.

In a related development, MADPET also called on the Dewan Negara “to speedily pass the AMDPB 2023 and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill 2023 so that it can be put in force as soon as possible.

The latter bill will enable the Federal Court to review the death sentence and life imprisonment imposed on a convicted person following the abolition of mandatory death penalty.

This will mean that the about 840 of the 1,320 prisoners on death row who have completed all appeals will have their death sentence reviewed by the Federal Court. Likewise, those who are currently serving life sentence will now be subject to “imprisonment for a term of not less than 30 years but not exceeding 40 years”. – April 4, 2023, Focus 

Enforce law compelling criminals to compensate victims’ families, govt told

4 days ago

V Anbalagan

Lawyers say Section 426 of the Criminal Procedure Code can be applied to require that offenders in road accident cases compensate their victims.

Section 426 of the CPC entitles the public prosecutor to apply for a court order that a convicted offender pay compensation to a victim in respect of any injury or loss of income or property suffered. (Envato Elements pic)

PETALING JAYA:

Lawyers are urging the government to enforce existing laws that require criminals to compensate the families of their victims, saying the measure would deliver justice and act as a deterrent to crime.

They said prosecutors should especially seek compensation orders on behalf of victims of murder, culpable homicide not amounting to murder, and deaths caused by negligence — all of which are recognised as serious offences under the Penal Code.

Lawyers S Jayananda Rao, N Sivananthan and J S Naicker said the CPC already allows prosecutors to apply to the court for convicted persons to compensate their victims in cases that result in death or injury.

“Forcing a convict to make financial contributions could act as a deterrent to would-be offenders,” Jayananda told FMT, adding that, based on news reports, the number of road fatalities caused by drivers who disregard the law has been on the rise.

He was responding to the transport ministry’s proposal to amend the Road Transport Act 1987 (RTA) to compel offenders to pay compensation to victims’ families.

The proposal followed the death of a motorcyclist in Klang who was struck by a driver allegedly under the influence of alcohol and drugs.

Under Section 44 of the RTA, those convicted of driving under the influence of alcohol or drugs and causing death face imprisonment of between 10 and 15 years, and a fine of between RM50,000 and RM100,000.

The punishment is heavier for repeat offenders, involving a jail term of between 15 and 20 years, and a fine of between RM100,000 and RM150,000.

Jayananda said there was no need to amend the RTA to provide for compensation, as the matter is already covered under Section 426 of the CPC.

Section 426(1A) and (1B) provide that a court may, on the application of the Public Prosecutor, order that a convicted accused pay compensation to a victim, or if the victim is deceased to their next-of-kin, in respect of any injury or loss of income or property suffered.

“This general provision could be utilised when the court finds an accused guilty of causing injuries or taking a life in a road mishap,” said Jayananda.

Sivananthan said compensation orders should not be confined to road accidents as it risked being seen as discriminatory and may be subject to legal challenge.

“The prosecution should apply for a compensation order upon securing a conviction in all offences,” he suggested.

The lawyer also said Section 432 of the CPC empowers a court to stipulate a timeline within which the compensation must be paid.

“However, the survivors or the victims’ families will have to enforce the ruling themselves, which has the same force as a civil judgment,” he said.

Sivananthan said enforcement, including by freezing an offender’s personal accounts or the sale and seizure of assets may involve time, effort and financial resources.

He said the government should consider amending the law to allow the families of victims in criminal cases, including road accidents, to recover compensation from the offenders’ Employees Provident Fund account.

J S Naicker, an insurance lawyer, explained that a motor insurance policy generally excludes liability when the driver is found to be under the influence of alcohol.

“However, an injured party, or the next-of-kin of a deceased victim, will not be deprived of damages under the RTA and the relevant motor policy if they succeed in a civil claim.”

Naicker explained that, in such circumstances, the insurer would satisfy the judgment and thereafter seek to recover the sum paid from the insured vehicle owner.

“If the ministry’s proposal is implemented, the intoxicated driver may be exposed to dual financial liability — namely, personal liability to compensate the victim, as well as an obligation to reimburse the insurer for any sum paid out.” - FMT, 2/4/2026