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Health Ministry to scrutinise use of mental health as a defence in criminal cases

KUALA LUMPUR: The Health Ministry will examine all factors, including potential legislative amendments, in response to concerns regarding the use of mental health as a defence in criminal cases.

Health Minister Datuk Seri Dr Dzulkefly Ahmad said it is still too early to make a decision, as the matter requires thorough scrutiny.

"We will discuss this in the ministry's post-cabinet meeting, and will consult with our legal advisors.

"While it's premature to talk about amendments, this issue is serious. We will evaluate all aspects, including the potential need for legislative changes if necessary," he told reporters after the launch of the Malaysia International Healthcare (MIH) Megatrends 2024 event.

His Majesty Sultan Ibrahim, King of Malaysia, attended the event.

Also present at the press conference was Health director-general Datuk Dr Muhammad Radzi Abu Hassan.

Dr Dzulkefly was responding to the growing public concern that crimes committed by individuals, supposedly with mental health issues, could result in inadequate justice for victims and their families, as offenders might be deemed mentally unfit for prosecution.

He acknowledged that such cases were becoming more frequent.

Meanwhile, Dr Radzi emphasised the need for further examination of these cases.

"There's no justification in using mental health as a defence in a case; it shouldn't be that way... unless there's definitive proof."

"We take mental health seriously and have guidelines in place for addressing it. A crime is a crime, and while mental health can be a factor, it has its scope or definition," he said.

Recently, a female driver who crashed into two motorcycles, resulting in the deaths of three Universiti Teknologi Mara (UiTM) Dungun campus students, was alleged to be mentally unstable.

However, according to Terengganu Health Department director Datuk Dr Kasemani Embong, there was no record of mental health treatment for the woman involved in the fatal crash.

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