by S BIRRUTHA / pic BERNAMA

MINISTER in the Prime Minister’s Department Datuk Seri Azalina Othman Said (picture) has announced that the government’s move to abolish the offense of attempted suicide under the Penal Code is aimed at preventing such cases from happening.

She said this measure is also expected to encourage those affected to seek help without fear of facing legal consequences.

“It can eliminate the stigma against suicide and further reduce the suicide death rate in Malaysia,” she said in a media statement today.

Azalina added that she would propose a moratorium on the implementation of Section 309 of the Penal Code until the repeal of that section is completed and properly gazetted based on the relevant legal provisions, which will facilitate matters related to enforcement and prosecution.

This move is a preventive measure that addresses the root cause of suicidal behaviour and aims to provide better support and care for those who need it.

“The implementation of this matter will facilitate matters related to enforcement and prosecution,” she said.

Azalina tabled the bill — which includes the Penal Code (Amendment) Bill 2023, the Criminal Procedure Code (Amendment) Bill 2023 and the Mental Health (Amendment) Bill 2023, at the Dewan Rakyat for the first reading today. The second reading and debate will be done in the next sitting.

She said the bill to abolish the offense of attempted suicide under section 309 of the Penal Code as it is considered within the scope of suicidal behaviour and is often the result of mental incapacity or psychiatric disorder.

However, the crime of aiding and abetting suicide under sections 305 and 306 of the Penal Code will be maintained, and the punishment will be increased in suicide cases involving children and those with a lack of mental capacity compared to other victims.

“This is based on the fact that attempted suicide is within the scope of suicidal behaviour and this act is the impact of mental incapacity or psychiatric disorder,” she added.

The Section 309 of the Penal Code stated that “Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both”.