12 hours ago
4
SINGAPORE: Caning could be implemented as punishment for scams and scam-related offences under proposed changes to Singapore’s criminal law.
“Fighting scams continues to be a top national priority. The number of scam cases and scam losses remain concerning,” said the Ministry of Home Affairs (MHA) on Tuesday (Oct 14) as it introduced a Criminal Law (Miscellaneous Amendments) Bill.
Under the proposed changes, scammers and members and recruiters of scam syndicates will also face mandatory caning, of between six and 24 strokes.
Mules who help launder scam proceeds or provide SIM cards and Singpass credentials will face discretionary caning of up to 12 strokes.
In such cases, discretionary caning will generally be a sentencing option if the offender was aware that the enabling tool would be used to commit or facilitate the commission of a scam; or was actually used in a scam, and the offender failed to take reasonable steps to ensure that it would not be used in such a manner.
Caning as a measure against scammers was first raised as a possibility earlier this year, during a debate on MHA’s budget.
Then-Minister of State for Home Affairs and Social and Family Development Sun Xueling had said that Singapore would consider caning scammers in certain cases in recognition of the serious harm they cause.
Today, judicial caning serves the functions of deterrence — to discourage the specific offender and other would-be offenders from committing future offences — and proportionate punishment, which is to ensure the punishment fits the crime, MHA said in a press release.
It added that there are currently 161 offences that attract caning — 96 attract discretionary caning, while 65 bring mandatory caning.
Apart from scams, caning will also be introduced for cheating cases such as “traditional” fraud, under the proposed changes to the Penal Code.
“This recognises that there are egregious traditional cheating cases that could warrant caning as a sentencing option,” said MHA.
REMOVAL OF CANING PENALTY
The changes are part of a suggested wider revision of the country’s caning regime.
MHA intends to remove caning as a penalty or make it discretionary instead of mandatory, for 22 of the 161 offences that currently bring that form of punishment.
This came after a review to assess if “they are still required in today's context”, the ministry said.
Considerations included whether the offence is still of significant public concern, and whether there was any actual harm caused by the offence, such as instances when it involves only preparatory acts.
Another consideration was whether other forms of punishment — such as discretionary caning, imprisonment or fines — adequately deter and are proportionate to the harm caused by the offence.
The ministry concluded that for the vast majority of the offences — 139 of 161 offences — existing penalties are “relevant and appropriate”.
Among the proposed changes, caning will be removed for acts of endangering the safety of passengers on the train, and also for prostitution-related offences.
Caning will also go from mandatory to discretionary for crimes such as piracy, attempt to commit gang robbery, and vandalism to public property.
“MHA will continue to periodically review and adjust the list of offences that are liable for caning as appropriate,” the ministry said.
