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A criminal who has been found
guilty and sentenced to death may, upon having exhausted
all other avenues of appeal, appeal for a pardon from
the Sultan as a last resort. The Laws of the Constitution
of Kedah Darul Aman give the power to the Sultan to
pardon, to postpone or to reduce the length of an
offender's jail term for certain cases whose verdict
has been decided by a Court of Law.
According to Article 42(1) of the Laws of the Constitution
of Kedah Darul Aman, it is within the power of the
reigning monarch to allow for pardons and postponements,
or to reduce the length of a jail term for offences
committed in the State of Kedah Darul Aman (other
than those cases tried in Military Courts) and any
other powers vested upon him by Federation Laws or
State Laws which allows for the Sultan to reduce or
postpone or to change the punishment for any offender.
According to Article 42(2) of the Laws of the Constitution
of Kedah Darul Aman, the said power in Clause (1)
must be acted upon in accordance with certain rules
and terms as in article 42 of the Malaysian Federation
Constitution. The power of the Sultan may be acted
upon according to the advice of the Pardons Board,
which has been formed in every State in accordance
with Clause 5. The Pardons Board formed in every State
must consist of the Federation Attorney General, the
Menteri Besar and not more than three other members
to be appointed by the Sultan.
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