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Prescribe death for corrupt ways
ARE there any provisions in our Constitution that prescribe
for embezzlers, fraudsters and thieves of public monies to be sentenced
to death?
The Chinese law in 1979 on corruption was categorised under the section
of offences of encroaching on property. It is now an independent crime
category, separated from other property and economic offences.
This stipulation reflected a growing recognition among Chinese lawmakers
and political leaders of the corruption epidemic.
The legal definition of corruption is clear – graft and accepting bribes
are capital offences under the current law.
In recent years, China imposed death sentences on offenders who would
have qualified for a suspended death sentence.
For example, a customs inspector chose to abuse his position by
accepting millions of yuan to allow smuggled goods to enter China.
The judge reasoned that the officer’s criminal activities had resulted
in “countless losses in taxes”, had an extremely negative influence on
the “organisation’s work ethics” and seriously undermined the “integrity
of the government”.
Despite the fact that the officer voluntarily returned some bribery
money and showed remorse, the judge reasoned that the nature of his
offence was so grave and its social effects were so negative, the death
penalty was the only appropriate punishment in this case to deter and
educate the public and to serve justice.
We have so many similar cases in Papua New Guinea.
We have had people who held responsible positions and had embezzled
millions of kina from the public coffers through dubious means including
false claims, misappropriation, bribery, etc.
Yet they were given suspended sentences and set free. Even those who
were convicted, were not given life sentences. Should not that be a
concern?
I am aware that there is on-going public debate in our country as in
many other democratic countries on the death penalty. Many countries,
including Australia and Britain, have repealed the death penalty. PNG
may wish to go down that path. That is a matter for the legislature to
consider.
However, I should say at the outset that the constitutional validity of
the death penalty for wilful theft of millions, fraud and embezzlement
be prescribed.
Otherwise, we may consider the Islamic justice. The prominent one is
hand amputation for theft.
Dr Bert J. Sherwood of Sherwood Business Management Corp in a speech
once said: “Embezzlement can kill your country while theft can injure
it.”
Mi ting em trupela tok. What do you think?
Dr Marcello Agen
Wuhan, China
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