“The government should also withdraw all pending charges against people who have attempted suicide,” M Ramachelvam, the co-chair of the Bar Council’s law reform and special areas committee, told FMT.

Section 309 of the Penal Code states that those who are unsuccessful in their suicide attempt can be jailed up to a year or be fined, or suffer both.

Deputy health minister Aaron Ago Dagang was reported to have said on Oct 7 that the home ministry and the Attorney-General’s Chambers (AGC) had agreed to decriminalise suicide, and would take the recommendation to the Cabinet for approval.

Ramachelvam said it was important to have a moratorium so that any case of attempted suicide between now and the formal repeal would not be treated as a crime.

“As the government has stated it will decriminalise attempted suicide, it is only right that pending charges in court be withdrawn.

“With the moratorium and the withdrawal of the pending charges, the victims can access the requisite medical and psychological assistance to overcome the issues that led to their attempted suicide,” said Ramachelvam, who is also a member of the Focus Group on Decriminalisation of Suicide of the National Coalition for Mental Wellbeing (NCMW).

He added that until Section 309 of the Penal Code was repealed, those who attempted suicide were potentially liable to be charged with a crime.

“Therefore, it is important for the government to proceed with the tabling of the Bill to repeal Section 309 of the Penal Code in the next session of Parliament and not delay it any further,” he said.

In July this year, NCMW urged the government to impose an immediate moratorium on charges and penalties imposed on individuals attempting suicide.

It said studies had shown that the law inherited from colonial rulers did not serve as a deterrent to those who wished to commit suicide.

On what would happen to those who attempted suicide if Section 309 was repealed, Malaysian Mental Health Association (MMHA) president Dr Andrew Mohanraj said provisions under the Mental Health Act 2001 and Mental Health Regulations 2010 outlined what the authorities could do in such situations.

These laws allow for observation and treatment of people who have suicidal tendencies.

“Police as well as authorised officers, such as social workers, can bring this person to the attention of a psychiatrist or even an attending doctor in the emergency ward.

“The patient can be admitted for observation and some may require to stay longer for their own safety,” he said.