Abstract
The decriminalisation of suicide represents a significant shift in Malaysia’s mental health and legal landscape, heralding a historic milestone in the nation’s approach to addressing mental health challenges, against the backdrop of this post-COVID-19 era reflecting global epidemiology issues posed by psychiatric disorders. This article critically examines the implications ensuing from the abolishment of the impugned suicide criminalisation law in Malaysia, notably S. 309 of the Penal Code, along with the amendments to the related provisions, paving the way for the introduction of the Mental Health (Amendment) Bill 2023 which serves as a bastion of legal redress fortifying protections to the psychiatric suicide attempters. By drawing on insights from mental health research, this article explores the intricate dimensions of suicide criminalisation, including its historical roots, contributing factors, the global prevalence of suicidal behaviours and its multifaceted impact, calling for its decriminalisation worldwide. The authors then scrutinise the loopholes of suicide criminalisation law in Malaysia before the amendments by probing the legal procedures and the sentencing trend and subsequently casting light on the scope of the amendment following the transformation of Malaysia’s mental health legal framework. Through a comprehensive and comparative analysis from a legal standpoint across various jurisdictions, the authors then evaluate the efficacy and sustainability of suicide decriminalisation frameworks in Malaysia in navigating the viable pathways forward. Ultimately, this article contributes to ongoing discussions on mental health law reform and suicide prevention initiatives in Malaysia. Eventually, the authors conclude by underscoring the need for a holistic approach that integrates legal, medical, and socio-cultural perspectives to address the complex challenges associated with suicide and mental illness in the country.
Lee Zi Ke, Universiti Utara Malaysia
Lim Hong Zhe, Universiti Utara Malaysia
Comments