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Kedah Darul Aman

The Power to Pardon

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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