KUALA LUMPUR — The Attorney General’s Chambers (AGC) will issue a directive requiring all deputy public prosecutors to examine and file compensation applications for victims of crime and their families, including in cases involving deaths caused by drunk or intoxicated drivers.
Attorney General Tan Sri Mohd Dusuki Mokhtar said the move is to strengthen the implementation of Section 426 of the Criminal Procedure Code (CPC) under Act 593, in suitable cases.
He noted that the provision empowers courts to order the payment of prosecution costs and compensation to victims, in addition to existing penalties such as fines or imprisonment.
“The order can be made alongside sentencing to provide restitution to affected parties, ensuring victims receive appropriate compensation in line with the law, while upholding justice and public interest,” he told Berita Harian.
Mohd Dusuki added that prosecutors must present all relevant factors listed under subsection 426(1C) during inquiry proceedings to enable courts to determine fair compensation for victims or their families.
He acknowledged that such applications are not currently standard practice and have not been consistently pursued across cases, although they have been made in select instances.
“AGC remains committed to conducting prosecutions independently, fairly, and with integrity, ensuring that justice is upheld and the interests of both the public and crime victims are protected,” he said.
The directive comes amid growing calls to strengthen victim compensation frameworks, particularly following a recent fatal crash in Klang involving a driver allegedly under the influence of alcohol and drugs.
In the case, 28-year-old R Saktygaanapathy was charged with murder over the death of motorcyclist Amirul Hafiz Omar, 33, under Section 302 of the Penal Code, which carries the death penalty or imprisonment of between 30 and 40 years upon conviction.
The case has drawn public attention, as offences under Section 44 of the Road Transport Act 1987 for driving under the influence and causing death carry lighter penalties of 10 to 15 years’ jail and fines between RM50,000 and RM100,000.
Separately, several groups have called for broader reforms, including the introduction of “diyat” or financial compensation mechanisms, to ease the burden on families of victims killed in such incidents.— April 15, 2026