The Ministry of Home Affairs in Singapore has introduced a proposed law that could see caning implemented as a punishment for individuals involved in scams and related offences. The announcement was made on Tuesday, October 14th, with the government stating that combating scams remains a top national priority due to the persistently high number of cases and financial losses suffered by victims.
Under the new Criminal Law (Miscellaneous Amendments) Bill, the most severe penalties are reserved for key figures within scam operations. Specifically, scammers who are active members or recruiters for scam syndicates would face mandatory caning, with a range of between six and twenty-four strokes. This signifies a significant escalation in the consequences for orchestrating fraudulent schemes.
The proposed changes also extend to individuals who play a supporting role in these crimes. So-called "money mules" who assist in laundering the proceeds from scams, or those who provide Singpass credentials and SIM cards to syndicates, could face discretionary caning of up to twelve strokes. This penalty would generally apply if the offender was aware that the tools they provided would be used to facilitate a scam, or if those tools were actually used in a scam and the individual failed to take reasonable steps to prevent such misuse.
The Ministry of Home Affairs explained that the inclusion of judicial caning serves the dual purpose of deterrence and proportionate punishment. The aim is to discourage both the specific offender and potential offenders from committing such crimes in the future, while ensuring the sentence matches the severity of the offence. The possibility of using caning as a measure against scammers was initially raised earlier in the year during a parliamentary debate on the ministry's budget.
Beyond scams, the proposed amendments to the Penal Code also seek to introduce caning as a sentencing option for certain egregious cases of what is termed "traditional" cheating or fraud. This acknowledges that some conventional fraud cases can cause severe harm that may warrant this form of punishment. Currently, the criminal code lists 161 offences that attract caning, with 65 carrying a mandatory sentence and 96 being discretionary.
Conversely, the proposed bill also includes a review and reduction of caning penalties for some older offences. The Ministry of Home Affairs intends to remove caning entirely or make it discretionary instead of mandatory for 22 of the existing 161 offences. This decision followed an assessment of whether these penalties remain relevant today, considering factors such as the level of public concern, the actual harm caused, and whether other punishments like imprisonment are sufficient. As a result of this review, caning is proposed to be removed for acts like endangering the safety of train passengers and for certain prostitution-related offences.
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