Compassion the reason why attempted suicide goes unpunished
Roshan JasonPublished: Apr 1, 2005 6:48 AM | Updated: Jan 29, 2008 10:21 AM
To attempt suicide is a crime in numerous countries, including Malaysia. However, here they are often let off the hook, participants at a seminar in Kuala Lumpur were told yesterday.
To attempt suicide is a crime in numerous countries, including Malaysia. However, here they are often let off the hook, participants at a seminar in Kuala Lumpur were told yesterday.
This is due to the sensitive nature of such occurrences where those attempting suicide are usually consumed by sorrow or depression and commonly suffer mental or physical ailments.
Speaking at the seminar titled -'Suicide and its impact on society'- ACP Md Salleh Ahmad from the Royal Malaysian Police Legal and Prosecution Division said the police were unsuccessful in convicting those attempting suicide as very few cases are even taken to court.
"When they are, the public prosecutors show compassion and understanding towards these individuals as there are unfortunate circumstances that surround such cases," he told the 150-odd participants.
Md Salleh said those abetting suicides were not easily let off the hook especially if there were elements of malicious intent. Those attempting things like suicide bombings would also be taken to extreme tasks for their acts.
However, he did not provide any statistics in relation to this.
In a following presentation, Associate Prof Abdul Halim Sidek from the University Technology Mara law faculty defined suicide attempts and abetments.
These, he revealed, were defined as crimes under Sections 305, 306 and 309 of the Penal Code.
Treatment, not jail
Those found guilty or abetment can be jailed up to 20 years and are liable for a fine. Those whose suicide attempts fail - or are foiled by intervening factors - can face up to a year imprisonment or fined or both.
"The rationale for making suicides punishable is that a human being's life is a gift from God and as a rule, every human being has a right to live until nature intervenes.
"It is an inalienable right and thus taking life away unjustifiably is regarded as a crime, like murder, homicide, etc," said Abdul Halim.
However, he concurred with the seminar moderator, Adjunct Prof Mehrun Siraj from the University Malaya law faculty, that suicide attempters should not be incarcerated but rather be compelled to seek treatment.
Psychiatrists and medical experts had earlier in the seminar showed that many suicides and attempters suffered emotional, psychological and physical struggles in coping with life. Criminal prosecution against them may worsen their conditions.
Hypocrisy of euthanasia
Abdul Halim also touched on the worldwide debate on euthanasia, which is also called assisted suicide or mercy killing, with or without the severely-ill person's request.
While some countries, namely the Netherlands, Belgium, Colombia, Australia's Northern Territory and the State of Oregon in the United States of America have legalised euthanasia, Malaysia condemns the act and defines it as abetment.
"The concern is that though euthanasia or mercy killing is prohibited in most countries, the hypocrisy lives on. It is still being tolerated and indeed performed in most countries under the guise of medical complication," said Abdul Halim.
He cited examples in Malaysia, especially in rural areas, where medical personnel, be it doctors, nurses or emergency ambulance units, encouraged terminally or severely-ill persons to give up on medical hope and resort to 'alternative' forms of medication.
He revealed that those suffering are sometimes abandoned and at times encouraged to give up on life.
The seminar was organised by Era Consumer Malaysia.
This is due to the sensitive nature of such occurrences where those attempting suicide are usually consumed by sorrow or depression and commonly suffer mental or physical ailments.
Speaking at the seminar titled -'Suicide and its impact on society'- ACP Md Salleh Ahmad from the Royal Malaysian Police Legal and Prosecution Division said the police were unsuccessful in convicting those attempting suicide as very few cases are even taken to court.
"When they are, the public prosecutors show compassion and understanding towards these individuals as there are unfortunate circumstances that surround such cases," he told the 150-odd participants.
Md Salleh said those abetting suicides were not easily let off the hook especially if there were elements of malicious intent. Those attempting things like suicide bombings would also be taken to extreme tasks for their acts.
However, he did not provide any statistics in relation to this.
In a following presentation, Associate Prof Abdul Halim Sidek from the University Technology Mara law faculty defined suicide attempts and abetments.
These, he revealed, were defined as crimes under Sections 305, 306 and 309 of the Penal Code.
Treatment, not jail
Those found guilty or abetment can be jailed up to 20 years and are liable for a fine. Those whose suicide attempts fail - or are foiled by intervening factors - can face up to a year imprisonment or fined or both.
"The rationale for making suicides punishable is that a human being's life is a gift from God and as a rule, every human being has a right to live until nature intervenes.
"It is an inalienable right and thus taking life away unjustifiably is regarded as a crime, like murder, homicide, etc," said Abdul Halim.
However, he concurred with the seminar moderator, Adjunct Prof Mehrun Siraj from the University Malaya law faculty, that suicide attempters should not be incarcerated but rather be compelled to seek treatment. Psychiatrists and medical experts had earlier in the seminar showed that many suicides and attempters suffered emotional, psychological and physical struggles in coping with life. Criminal prosecution against them may worsen their conditions.
Hypocrisy of euthanasia
Abdul Halim also touched on the worldwide debate on euthanasia, which is also called assisted suicide or mercy killing, with or without the severely-ill person's request.
While some countries, namely the Netherlands, Belgium, Colombia, Australia's Northern Territory and the State of Oregon in the United States of America have legalised euthanasia, Malaysia condemns the act and defines it as abetment.
"The concern is that though euthanasia or mercy killing is prohibited in most countries, the hypocrisy lives on. It is still being tolerated and indeed performed in most countries under the guise of medical complication," said Abdul Halim. He cited examples in Malaysia, especially in rural areas, where medical personnel, be it doctors, nurses or emergency ambulance units, encouraged terminally or severely-ill persons to give up on medical hope and resort to 'alternative' forms of medication.
He revealed that those suffering are sometimes abandoned and at times encouraged to give up on life.
The seminar was organised by Era Consumer Malaysia.
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