The Health June 2023 | Page 15

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JUNE , 2023 | THE HEALTH

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The salient changes also be aware of the cultural sensitivities on entering premises and removing harmful items if necessary .

“ Such training is essential because personnel designated as CIOs , although drawn from clinical disciplines or enforcement services , cannot be assumed knowledgeable in dealing with a suicidal person in an acute crisis .
“ CIOs also need to undergo periodic refresher training and be taught to look after their mental health , particularly after exposure to a particularly traumatising encounter . This should include built-in debriefing for such affected personnel .”
MMHA , he said , was happy to assist the relevant government agencies in imparting this training to potential CIOs .
Meanwhile , Dr Mohd Faiz noted that addressing mental health issues in Malaysia necessitates a comprehensive and multifaceted approach .
Strategies for long-term improvement , he said , include increasing awareness and education to reduce stigma , expanding access to mental health services , integrating mental health into primary healthcare , establishing community support networks , enhancing mental health legislation , fostering collaboration between stakeholders , and investing in
These people are unwell , whether they are struggling with suicidal thoughts that are extremely complex or struggling with mental health conditions that can be extremely debilitating and painful , especially if treatment , help and support are not offered , not to mention the prejudice that comes with it .”
– Anita Abu Bakar
research and data collection .
“ These measures aim to promote early intervention , provide affordable and accessible care , and create a supportive environment for individuals with mental health conditions .
“ By implementing these strategies , Malaysia can work towards improving mental health outcomes and ensuring the well-being of its population . However , sustained commitment , financial resources , and coordinated efforts from all sectors of society are crucial for long-lasting progress in this cause .” – The Health
DERIVED from the Indian Penal Code , attempted suicide was incorporated as a crime under the Penal Code ( Section 309 ) when the British colonial administration first enacted the legislation during the reign of British Malaya in 1936 .
Although the United Kingdom decriminalised suicide soon after in 1961 , Malaysia has kept it as an offence punishable by the laws inherited from the former until now .
The three bills , namely the Penal Code ( Amendment ) ( No . 2 ) Bill 2023 , Criminal Procedure Code ( Amendment ) ( No . 2 ) 2023 , and Mental Health ( Amendment ) Bill 2023 were amended as follows :
• PENAL CODE ( AMENDMENT ) ( NO . 2 ) BILL 2023
Clause 2 of the Bill sees amendments to Section 305 of the Penal Code , which separates children from people who lack the mental capacity to understand the consequences of suicide by reasons of unsoundness of mind , mental disorder , intoxication , or under the influence of any drug or other substance .
The section deals entirely with those who instigate suicide attempts and with separating children from those lacking mental capacity ; instigating the former to commit suicide , whether they are sane or of unsound mind , is an offence .
Under Section 305 , any person who abets an attempted suicide or suicide of a child or a person who lacks mental capacity could be jailed for up to 20 years and fined upon conviction .
Clause 3 of the Bill sees amendments to Section 306 which now considers the abetment of attempted suicide by any person as a criminal offence . Under Section 306 , whoever abets a suicide or an attempted suicide , could face up to 10 years in jail and a fine upon conviction .
Clause 4 of the Bill sees the deletion of Section 309 to remove the offence of attempting suicide . With this amendment , attempted suicide is no longer a criminal offence .
• CRIMINAL PROCEDURE CODE ( AMENDMENT ) ( NO . 2 ) 2023
Amendments to the Criminal Procedure Code , consequential to the amendments made to Sections 305 and 306 of the Penal Code and the deletion of Section 309 of the Penal Code , to include an abetment of the commission of attempted suicide by a child or a person who lacks mental capacity , or by any person , as a criminal offence .
• MENTAL HEALTH ( AMENDMENT ) BILL 2023
Amendments to section 11 of the Mental Health Act 2001 , consequential to the deletion of section 309 of the Penal Code , include :
• Empower crisis intervention officers ( CIOs ) to apprehend anyone they believe to be mentally disordered and dangerous to themselves or other persons or property or who tries to commit suicide .
• CIOs are given the power to enter any premises at any point in time to intervene in a crisis and apprehend the mentally disordered person for the act .
• CIOs are also given the power to break down any door or window in any premise to enter , forcibly enter or remove any obstruction to the entrance .
• Subsequently , CIOs shall bring the apprehended person to a government psychiatric hospital or a gazetted private psychiatric hospital not later than 24 hours after the apprehension for examination . In cases of property damage due to forced entry or alleged abuse of power , the Mental Health ( Amendment ) Bill 2023 does not prohibit affected parties from bringing a civil action suit to recuperate losses . However , the success of such a lawsuit hinge on a matter of factual inquiry .