In Malaysia capital crimes include murder...

The legal system in Malaysia is based on English Common Law. Islamic law is applied to Muslims in matters of family law and religion.
In Malaysia capital crimes include murder, terrorist acts, treason, kidnapping, rape, armed robbery, burglary, military offences, drug trafficking and possession of arms.
The death sentence is mandatory for murder (section 302 of the Penal Code), for trafficking narcotics in various amounts according to the drug concerned (section 39B of the Dangerous Drugs Act 1952), and for discharging a firearm with intent to cause death or hurt while committing various crimes, even where no one is hurt (section 3 of the Firearms (Increased Penalties) Act 1971).
The Penal Code, under Section 302, makes the penalty for murder mandatory death by hanging. Malaysia imposes mandatory death sentences for other offences like terrorism, and for poisoning of the water supply causing death.
The Dangerous Drugs Act 1952, at Section 39B on possessing and distributing drugs, also carries a mandatory death sentence. Possession of 200 grams of cannabis is enough to put one away for a 20-year life sentence. Trafficking in more than 200 grams of dangerous drugs carries a death sentence.
A 1961 law on kidnapping prescribes a life sentence or the death penalty preceded by a whipping.
In January 2003 the death penalty was instated as mandatory punishment for rapists who cause death and child rapists.
On March 6, 2007, a new amendment to the Malaysian penal code went into effect calling for the death penalty as a mandatory sentence for terrorist acts that cause death. Providing terrorists with ordinance, training, equipment or money, as well as offering terrorists refuge or hiding information concerning terrorists, all fall under the definition of a terrorist act. In investigating these crimes, police can process and arrest suspects without due process and there is no possibility of release on bail. In the event that the terrorist act does not cause death, the new law provides for prison terms ranging from 7 to 30 years.
The Malaysian High Courts only try criminal cases punishable with the death penalty. Death sentences issued by a High Court can be appealed at the Court of Appeal. If an appeal is unsuccessful a death row inmate can have resort to the Federal Court. The last resort is the State Pardons Board. The King alone is empowered to commute death sentences.
In general about two years pass between the passing of a death sentence and the execution of the person condemned. Some appeals processes however exceeded 10 years.
According to Home Minister Hishammuddin Hussein’s reply to MP Liew Chin Tong’s question on 31 March 2011, 441 persons had been hanged since 1960. Of the 441 persons hanged, 228 were involved in drug trafficking and 78 were convicted for murder. Another 130 were for illegal possession of arms, while four more were convicted for waging war against the King. The remaining one was involved in kidnapping.
On 26 March 2012, Home Minister Datuk Seri Hishammuddin Hussein told the Parliament that a total of 860 prisoners have been sentenced to death for various offences such as murder, drug trafficking, firearms offences and kidnapping up to 28 February 2012.
In addition, 449 foreign nationals were held on remand while awaiting trial for offences which carry the mandatory death sentence, if convicted. Home Minister said of the number, 396 were charged with drug trafficking, 28 for murder, 18 for kidnapping and the seven others for firearms offences.
The carrying out of the death sentences is shrouded in secrecy, as dates of executions are not reported and details of those who have been or will be executed are not made public.
Under current Malaysian law and practices arrested persons have no immediate access to lawyers, no immediate right to a phone call and no right to full pre-trial disclosure.
Because the Government does not release annual data on its use of the death penalty, it is difficult to confirm the real number of executions that had been carried out in the country. However, the number of executions carried out in Malaysia has declined markedly in the last decade.
At least 38 new death sentences were imposed in 2014, 16 of which were for drug trafficking. Amnesty International received credible information that at least 2 executions were carried out in 2014. However, the European Delegation in the country has had echoes of 3 executions in 2014, which would have been “recognized” by the government, which had been asked – through an NGO – to confirm.
In 2013, according to information gathered by the Malaysian Bar, there were 3 executions in the country.
Despite contradicting federal law, the State governments of Kelantan and Terengganu passed laws in 1993 and 2002, respectively, making apostasy a capital offense. As well, the death penalty by stoning is sanctioned regionally but banned nationally.
On 12 March 2014, in its written response to the recommendations received under the Universal Periodic Review of the UN Human Rights Council, the Government said that Malaysia was not in the position to commit to put in place an alternative to the death penalty and to establish a moratorium on its application. In clarifying, it said the Attorney-General’s Chambers was undertaking a comprehensive study to examine the legal and policy frameworks related to the application of the death penalty in the country.
On 18 December 2014, Malaysia voted against the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. In Malaysia capital crimes include murder, terrorist acts, treason, kidnapping, rape, armed robbery, burglary, military offences, drug trafficking and possession of arms.