Malaysia
Putrajaya arms itself with new laws in war on gangsterism
Police removing the bodies of five alleged gangsters killed in a shootout with police in Penang earlier this week. u00e2u20acu201d Picture by K.E. Ooi

KUALA LUMPUR, Sept 25 — After months of bloody face-offs and gangland-style street shootings, Putrajaya turned the heat up a notch today in its war against gangsters, mooting sweeping legislative amendments to ensure no criminal escapes the long arm of the law.

Several amendments to the Penal Code and Criminal Procedure Code tabled in the Dewan Rakyat today will see stricter rules on gangsterism and grant wider enforcement powers to the authorities when rounding up criminals.

Among others, a new clause to the Penal Code - Section 130x - will now empower enforcers to nab those daring to assist gangsters by preventing their arrests, an offence that carries a maximum jail term of five years.

Gang recruiters could face jail terms of up to 10 years and a fine, while those who join a gang knowing that it would contribute to a crime, among others, will be liable for the same punishment.

Supporters of organised criminals are also not spared under the new provisions of the Penal Code, as individuals who “consort” with gangsters “without reasonable excuse” could end up spending between five and 20 years in jail plus a fine.

Meanwhile, those who accept “gratification” to facilitate gang activity could face anywhere between seven and 30 years jail plus a fine, or death if the gang activity kills a person.

But the heaviest penalties under these new clauses were reserved for offenders who are already part of an organised criminal group.

Under the proposed section 130ZC, a gang member found guilty of a serious offence will be whipped and must serve double the maximum jail term for that offence.

A gangster guilty of a non-serious crime will also be whipped, but the jail term will range from at least two years to double the maximum jail term for that offence.

Under the new amendments, a serious crime is defined as carrying a penalty of 10 years jail or more while non-serious offences come with jail terms of 10 years or less.

The proposed amendments to the Criminal Procedure Code (CPC), in turn, include a new clause - Section 386A - that will ban the release of gang members on bail if they are accused of committing a serious offence.

Gang members who are accused of committing non-serious crimes will also be refused bail if the public prosecutor issues a certificate.

But the same clause states that the gang members refused bail should face trial in court “within a reasonable time”.

Another new clause under the CPC, Section 399B, could make it easier for the prosecution to prove in court that an accused is a gang member.

The court will presume that an accused is a gang member if evidence proves that the accused took part in gang rituals or shows the gang’s hand sign or insignia, among other things.

Under the same clause, the court will accept the testimony or report of an expert on gang activities as “conclusive proof of the facts”, with the evidence covering matters such as the “structure, ritual, ceremonies, hand sign, insignia or characteristic” of an organised criminal group.

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