Child offenders not exempt from criminal liability, says ministry
The Legal Affairs Division of the Prime Minister's Department, in a set of frequently asked questions (FAQ) released today, said criminal liability does not change even when the accused is a child.
However, it explained that there are differences in court proceedings involving child offenders, as provided under the Child Act 2001.
These include safeguarding a child's rights and dignity, prohibiting disclosure of their identity, and ensuring hearings are conducted in private to protect their welfare.
The Child Act, it said, does not remove punishment for child offenders but provides procedural safeguards and protection, aligning Malaysia's legal framework with the United Nations Convention on the Rights of the Child.
"Every person is responsible for their criminal acts, including children under the age of 18.
"The Penal Code and other punitive laws do not exempt anyone from liability," the FAQ sheet read.
It also said that the Act protects all children — whether victims, witnesses, or the accused — and clarified that criminal punishments remain under the Penal Code or other punitive laws.
The FAQ follows heightened public interest in cases involving children, particularly the bullying case of Zara Qairina Mahathir, who died on July 17 while receiving treatment in hospital after reportedly falling from the third floor of her hostel building.
An autopsy later confirmed An autopsy later confirmed she died from a severe traumatic brain injury with hypoxic-ischaemic encephalopathy — brain damage caused by a lack of oxygen and blood flow.
The injuries were consistent with a fall.
Earlier today, five teenagers accused of bullying that led to Zara's death were charged under Section 507C(1) of the Penal Code for using abusive or insulting words that caused distress and fear. The offence carries a maximum one-year jail term, a fine, or both.
All five pleaded not guilty All five pleaded not guilty.
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