Putting the human face on the law — Hafiz Hassan

On October 23, the Criminal Procedure Code (CPC) was highlighted as the overarching law governing criminal procedures in Malaysia. This code dictates the sequence of events from reporting a crime, investigating it, conducting a trial, sentencing the offender upon conviction, and handling appeals. Section 260 of the CPC specifically deals with the power to compound offences, also known as "composition of offences".

The CPC tabulates 23 out of 500 odd offences under the Penal Code that are compoundable. These include offences such as causing hurt, wrongful restraint, use of criminal force, house-trespass, and criminal defamation. For all compoundable offences, the victim may compound the offence provided there is no ongoing prosecution against the offender/accused. If a prosecution is already pending, the court's consent is required for the compound.

Compounding an offence does not mean the offender has not committed a crime; it signifies that the victim forgives the offender and is willing to accept compensation. Section 260(4) makes it clear that the effect of a compound is an acquittal of the offender, similar to restorative justice (RJ) principles. RJ promotes forgiveness and the reintegration of offenders into society.

Despite the acquittal effect of a composition under Section 260, it provides a "clean state" enabling the offender's uninterrupted social integration. In a recent high-profile case involving a Section 323 (causing hurt) charge, this measure could allow a security officer, who plays a crucial role in national security and has public support, to continue working without the disruption of imprisonment.

This approach embodies the human face of the law, emphasizing rehabilitation and societal reintegration over punitive measures. The writer's personal opinion is shared here and does not represent the views of Malay Mail.