Najib S Jailing And The Abcs Of Clemency



Tsubasa Nair, Free Malaysia Today
There has been much talk about the possibility of a pardon for former prime minister Najib Razak, who was convicted last week of corruption and money laundering in the SRC International case, making him the first former premier to be jailed.
How does the pardon system work, and who can get one? FMT takes a closer look at the intricacies of clemency.
The regulations
Daniel Pascoe, an associate professor at the City University of Hong Kong, said pardons were regulated by the Federal Constitution, the Criminal Procedure Code and the Prisons Regulations.
The constitution empowers the Yang di-Pertuan Agong to grant “pardons, reprieves and respites” for offences tried by court-martial and all offences committed in the federal territories of Kuala Lumpur, Labuan, and Putrajaya.
In other states, the Ruler or Yang di-Pertua Negeri would have the power to grant pardons.

Who is eligible
Pascoe, who has carried out research on Malaysia’s pardons system, said prisoners on long-term sentences were automatically considered for a commutation of sentence.
Under the prisons regulations, a monthly report on every prisoner who has completed four, eight, 12 or 16 years of their sentence in the previous month must be submitted to the Pardons Board for consideration.
Prisoners could also petition on their own accord. A prisoner can submit a petition for clemency as soon as it is practicable to do so, following conviction. A second petition can be submitted three years after conviction, and subsequent petitions every two years.
The legal process
Lawyer Andrew Khoo said while it was the Yang di-Pertuan Agong or state rulers who had the power to grant pardons, they were advised by a pardons board.
The board would consider applications and then advise the King or state ruler. “There is a process which needs to be followed,” Khoo said.
Pascoe said cases involving federal prisoners would be heard by a federal pardons board, comprising the Attorney-General (AG), the federal territories minister and three lay members, and chaired by the Yang di-Pertuan Agong.
The most important voices on the board were those of the AG and the minister. It is the Attorney-General who asks the King to convene a meeting, at which the King receives the advice of the board.
“The Agong is free to act contrary to this advice, but a convention exists in federal cases whereby he accepts the board’s advice, in accordance with his ceremonial role,” Pascoe said.
The extent of a pardon
Khoo said a pardon could be sought for both conviction and sentence.
Pascoe said that in Malaysia, pardons could also be exercised to commute a death sentence to a lesser penalty, reduce the term of a prison sentence or release a petitioner from prison altogether.
“Before the pardon of Anwar Ibrahim in 2018, it was generally thought that a pardon could not dispense with a prisoner’s criminal conviction,” he said.
However, Anwar was not only released from prison, but his criminal conviction was also vacated, allowing him to be elected to Parliament again, instead of serving a five-year waiting period.
Pascoe added that it made sense for the Agong to possess such a wide-ranging power of pardon, as Malaysia’s constitutional power to pardon was influenced by both the UK’s sovereign prerogative of mercy and the privileges enjoyed by the Malay Sultans as the hereditary guardians of Islam in their respective states.
“It is still unusual to see pardons completely remove criminal convictions in Malaysia, but in the context of collateral consequences like a ban on holding political office for five years following release from prison, we may see more such ‘full’ pardons issued in the future,” Pascoe said.
 


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

https://www.malaysia-today.net/2022/08/28/najibs-jailing-and-the-abcs-of-clemency/

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Umno Barking Up The Wrong Tree By Grumbling About Najib S Jailing

Umno Barking Up The Wrong Tree By Grumbling About Najib S Jailing

papar berkaitan - pada 31/8/2022 - jumlah : 242 hits
From Ibrahim M AhmadUmno must be living in a parallel universe While the jailing of former prime minister Najib Razak may have given rise to legitimate grievances in terms of the judicial process that consigned him to Kajang Prison for the ...
Najib Imprisonment The Edge Mahathir Need To Win Ge Indian Portal

Najib Imprisonment The Edge Mahathir Need To Win Ge Indian Portal

papar berkaitan - pada 23/8/2022 - jumlah : 291 hits
Depriving Najib Razak of fair trial may have ramifications for Malaysia With the general elections imminent Mahathir Mohamad and his compatriots firmly believe that Najib s incarceration would give them the political edge that they desperat...
The Story Of Najib A Victory A Tragedy

The Story Of Najib A Victory A Tragedy

papar berkaitan - pada 26/8/2022 - jumlah : 238 hits
Many are hailing the jailing of former prime minister Najib Razak for corruption as a victory for Malaysians Some describe it as a victory for the judicial system while others attribute it to his karma But it s also a tragedy of immense pro...
A Plot Gone Horribly Wrong Najib S Liberty Hangs In The Balance Even As He Takes The Sumpah Laknat

A Plot Gone Horribly Wrong Najib S Liberty Hangs In The Balance Even As He Takes The Sumpah Laknat

papar berkaitan - pada 22/8/2022 - jumlah : 292 hits
With time running out Najib has resorted to using social media and even religion to plead his innocence IN the midst of Datuk Seri Najib Razak s trial involving the SRC International corruption case the former prime minister s lead counsel ...
Najib Do The Crime Do The Time

Najib Do The Crime Do The Time

papar berkaitan - pada 20/8/2022 - jumlah : 226 hits
It took you 665 words to describe your inner thoughts scared frightened afraid and terrified In your which was published in Malaysiakini on Thursday the word that was conspicuously missing was fear Najib Abdul Razak you are just human Fear ...
Najib Razak S Statement To The Federal Court

Najib Razak S Statement To The Federal Court

papar berkaitan - pada 24/8/2022 - jumlah : 348 hits
I WISH to address this Honourable Court on my position in this appeal I am the appellant yet the same feels illusory Over the past week I have watched from the dock as my chances of success at this appeal slowly erode away Not because of la...
Umdap A Figment Of Opposition S Imagination Says Umno S Asyraf

Fasilitas Nuklir Diserang Iran Balas Tembakkan Rudal Balistik Kheibar Shekan

Jet Hawk Fly Dari Ktu Kepala Batas Ke Base Tudm

Dituduh Jumpa Bomoh Siam Sebab Tiada Job Penyanyi Wanita Buat Laporan Polis

T22d02 Gigi Susu Aina Tercabut Buat Pertama Kali

4 Hari Guna Servis E Hailing Pengalaman Biasa Terbaik Dan Terburuk

Hantar Karya Penulisan Ke Majalah Dakwah

Parlimen Iran Putus Tutup Selat Hormuz


echo '';
Info Dan Sinopsis Drama Berepisod Dendam Seorang Madu Slot Tiara Astro Prima

10 Fakta Biodata Amira Othman Yang Digosip Dengan Fattah Amin Penyanyi Lagu Bila Nak Kahwin

5 Tips Macam Mana Nak Ajak Orang Kita Suka Dating Dengan Kita

Info Dan Sinopsis Drama Berepisod Keluarga Itu Slot Lestary TV3

Bolehkah Manusia Transgender Mencapai Klimaks Selepas Bertukar


Urban Micro Survival Challenges Turning The Concrete Jungle Into An Adventure Playground

Selamat Menyambut Hari Warga Emas

Hailey Badu Kiruh Chord

Paydibs Neo Makes In Store Payments Way Easier

Stay Safe With Galaxy A Series Built In Protection You Can Trust

Netanyahu Says Returning Gaza Hostages Will Take A Bit More Time