SHAH ALAM - Those who give and receive bribes need to be given a heavier punishment if the Malaysian Anti-Corruption Commission (MACC) Act 2009 is amended again.
Malaysian Muslim Lawyers Association (PPMM) Exco Hariz Yusoff said the elements of whipping need to be inserted in the act to spread awareness for those who give and receive bribes.
He said based on the syariah law in the Quran and sunnah, it was not stated specifically whether the punishment for the offence of corruption fell under the takzir punishment.
"The takzir punishment is at the discretion of the government and leaders, so how do we place a punishment for the offenders, for example the punishment for those who distribute drugs is not the hudud punishment, this is not a retaliation punishment.
"However, the government has enacted Section 39B of the Dangerous Drugs Act 1952 that can sentence with death by hanging," he said at the Rasuah Busters Compass Program titled 'Corruption Punishment Is Still Light' broadcasted on the Sinar Harian Platform on Wednesday.
The program also featured panellists Malaysia Association of Certified Fraud Examiners (ACFE) President Datuk Seri Akhbar Satar and Former Inspector-General of Police Tan Sri Musa Hassan while Zaim Zaini acted as a moderator.
"Similarly for bribery punishments, government could amend the act to further tighten corruption charges by placing a mandatory whipping punishment," he said.
He explained corruption being under takzir crime would have the punishment set by the government, elected representatives and Members of Parliament.
"For an accusation to be arbitrarily amended or changed, it is subject to the discretion of the power allocated to the Attorney General," he said.
He said the Attorney General not only has the role of advising the government on legal issues but was also empowered in Article 145(3) of the Federal Constitution to decide that a prosecution could be done to an accused or to stop or amend or whatever under the discretion of the prosecutor.