Caregivers of mental patients can be charged under Penal Code

SHAH ALAM - Caregivers of mental patients can be charged under the Penal Code for negligence or abandonment which could harm the patients or others.

Universiti Putra Malaysia Department of Human Development and Family Studies head Dr Rojanah Kahar said there were several relevant sections under the Penal Code that could be applied to the caregivers.

"Section 304 relates to death without intent. It can be applied if a caregiver's negligence results in the death of the patient.

"Section 338 pertains to causing death without intent. This can be applied if a caregiver's negligence causes physical injury to the patient or others," she told Sinar.

Previously, automotive expert Hezeri Samsuri said authorities needed to find a way to ensure accountability for accidents caused by drivers deemed as mental patients.

He said currently, it was very difficult for those involved, especially victims to make compensation claims, among others.

Commenting further Rojanah said if charges were brought, the court will assess whether there was sufficient tangible evidence to prove that the caregiver had acted negligently and failed to take appropriate steps to ensure the patient's safety.

She also said mental patients could be charged in court. However, the process would be different from that of patients without such issues.

"In the legal system, there are specific considerations for those experiencing mental disorders.

"If it is proven that the patient is unable to understand or control their actions at the time of committing the crime, they may be given a defence based on their mental state," Rojanah added.

In many cases, she said the court might refer the patient to a mental institution for treatment rather than punishing them in the same way as a healthy person.

She said this process also varied according to the laws in each country or state.