KUALA LUMPUR, April 15 — The Attorney General’s Chambers (AGC) is set to issue a landmark directive making i...
KUALA LUMPUR, April 15 — The Attorney General’s Chambers (AGC) is set to issue a landmark directive making it mandatory for Deputy Public Prosecutors (DPPs) to file compensation applications for the families of crime victims, including fatalities caused by drivers under the influence of alcohol or drugs.The directive aims to standardise the application of Section 426 of the Criminal Procedure Code (CPC), which empowers the court to order offenders to pay prosecution costs and compensation to those aggrieved by their crimes, Berita Harian reported.Attorney General Tan Sri Mohd Dusuki Mokhtar said that the move is intended to strengthen the implementation of Act 593, ensuring that justice extends beyond criminal punishment to include financial redress for victims.“The order can be made in addition to a fine or imprisonment sentence, with the aim of providing redress to the aggrieved party,” Mohd Dusuki said.“It is to ensure that the victims involved receive appropriate compensation based on legal provisions in suitable cases, in the interest of upholding justice as well as safeguarding the public interest.”While Section 426 has existed for years, Mohd Dusuki acknowledged that seeking such compensation has not been a common or comprehensive practice among DPPs.The new directive seeks to change that by requiring prosecutors to present all relevant factors listed under subsection 426(1C) during court inquiry proceedings.“This is to enable the court to make an appropriate order in awarding a suitable amount of compensation to the victim or the victim’s family,” he said, adding that additional information-gathering processes will be streamlined to meet these legal requirements.The AG emphasised that the department remains committed to independent and fair prosecution, ensuring the welfare of victims is not neglected once a sentence is handed down.The push for mandatory compensation follows a high-profile tragedy on March 29, where a 33-year-old motorcyclist, Amirul Hafiz Omar, was killed on the West Klang Valley Expressway (WCE) after being struck by a driver allegedly under the influence of alcohol and drugs.In a rare move reflecting public outrage, the accused, 28-year-old R. Saktygaanapathy, was charged with murder under Section 302 of the Penal Code rather than the usual Road Transport Act charges.
If convicted of murder, he faces the death penalty or up to 40 years in prison.The case sparked a national debate over the adequacy of current laws. Had the accused been charged under Section 44 of the Road Transport Act, the maximum prison term would have been 15 years, with a fine of up to RM100,000, amounts many critics argue are insufficient to support a victim’s grieving family.The Ministry of Transport (MoT) has previously proposed amending the Road Transport Act 1987 to mandate offender-funded compensation.Simultaneously, various non-governmental organisations (NGOs) have urged the government to explore the concept of diyat (blood money).Datuk Zainul Rijal Abu Bakar, Chairman of the Organisation of Islamic Defenders (PEMBELA), is among those advocating for this traditional restorative justice mechanism to ease the financial burden on families who lose their breadwinners to reckless or drunk drivers.
