National penalties - maximum penalty

Malaysia

Malaysia - Criminal Code 1976 (2006) EN

CHAPTER VI
OFFENCES AGAINST THE STATE

Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri
122. Whoever collects or attempts to collect men, arms or ammunition, or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Yang di-Pertuan Agong or any of the Rulers or the Yang di-Pertua Negeri or abets the waging or the preparation of such war, shall be punished with imprisonment for life or imprisonment for a term not exceeding twenty years, and shall also be liable to fine.

CHAPTER VI
OFFENCES AGAINST THE STATE

Waging war against any power in alliance with the Yang di-Pertuan Agong
125. Whoever whether in conjunction with the enemies of the Yang di-Pertuan Agong or otherwise wages war against the Government of any power in alliance or at peace with the Yang di-Pertuan Agong, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years, to which fine may be added, or with fine.

CHAPTER XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Punishment for false evidence
193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Giving or fabricating false evidence with intent to procure conviction of a capital offence
194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in Malaysia, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine; and if an innocent person is convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment
195. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Using evidence known to be false
196. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

CHAPTER XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender
201. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with the knowledge that he is likely thereby to screen the offender from legal punishment, or with that intention or knowledge gives any information respecting the offence which he knows or believes to be false, shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence or with fine or with both.

CHAPTER XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Giving false information respecting an offence committed
203. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Destruction of document to prevent its production as evidence
204. Whoever secretes or destroys any document which he may be lawfully compelled to produce as evidence before a Court, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

CHAPTER XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree
206. Whoever fraudulently removes, conceals, transfers, or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree
207. Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court or other competent authority, or from being taken in execution of a decree or order which has been made or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

CHAPTER XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Taking gifts, etc., to screen an offender from punishment
213. Whoever accepts, or agrees to accept, or attempts to obtain any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment for a term which may extend to one- fourth part of the longest term of imprisonment provided for the offence or with fine or with both.

CHAPTER XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding
228. Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand ringgit or with both.

CHAPTER XVI
OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life

Punishment for murder
302. Whoever commits murder shall be punished with death.

CHAPTER XVI
OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life

Causing miscarriage without woman’s consent
313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine.

Death caused by act done with intent to cause miscarriage. If act done without woman’s consent
314. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished with imprisonment for a term which may extend to twenty years.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.