KUALA LUMPUR: Those who aid in attempted suicide cases may face between 10 and 20 years in jail soon.
This comes after Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said tabled three separate Bills in the Dewan Rakyat, including decriminalising attempted suicide as an offence and helping the victims.
“The offence of abetment of suicide is maintained under Sections 305 and 306 of the Penal Code by introducing abetment of attempted suicide by any person as a criminal offence.
“It also differentiates the categories of those who are incited to commit the actions (of attempted suicide or suicide),” Azalina said in a statement issued after tabling the Bills in Parliament yesterday.
She said the classification aimed to protect children or those who were mentally incapacitated from being influenced or manipulated into attempting or committing suicide.
“They differ from other victims as this group is exposed to situations where they are easily influenced and manipulated by the actors,” she added.
Under Section 305, any person who abets an attempted suicide or the suicide of a child or a person who lacks mental capacity can be jailed for up to 20 years and fined upon conviction.
It also defines a person who lacks mental capacity as unable to understand the consequences of their actions.
This can be due to unsoundness of mind, mental disorder, intoxication or being under the influence of any drug or other substance.
Under Section 306, whoever abets a suicide or an attempted suicide, can face up to 10 years in jail and a fine upon conviction.
Section 309 will be removed from the Penal Code, which currently makes attempted suicide an offence of up to a year in jail, a fine or both upon conviction.
Earlier, Azalina, who is in charge of law and institutional reforms, tabled the Penal Code (Amendment No.2) Act 2023, the Criminal Procedure Code (Amendment No.2) Act 2023 and Mental Health ((Amendment) Act 2023 for their first reading.
She informed Dewan Rakyat Speaker Datuk Johari Abdul that the Bills would be debated and passed in the next Parliament meeting, which is scheduled for mid-next month.
Azalina said amendments to the Mental Health Act would define the post and powers of ‘crisis intervention officers’ under Section 11.
Under Section 11, any crisis intervention officer may apprehend any person believed to be mentally disordered and who poses a danger to themselves, others or property.
This includes any person who attempts suicide.
The officer is defined as any police officer, maritime enforcement officer, fireman, civil defence personnel or social welfare officer.
These officers will be empowered to enter any premises to apprehend the person attempting suicide.
Once rescued, the officers must send the victim, at the soonest time practicable or within 24 hours, to see a psychiatric medical officer at a government or private psychiatric centre.
“The abolishment of attempted suicide is an effort by the Malaysian Madani government to prevent suicides.
“It is hoped that those affected will come forward to seek help while eradicating the stigma of getting medical treatment for attempted suicide,” said Azalina.
She added that a moratorium would be imposed for the current offence of attempted suicide pending the amendments and enforcement of the proposed law.
