Our concept of justice often revolves around punishing criminals, but a truly just system goes beyond that. It should also aim to restore what was lost and ensure victims aren't left burdened by crime. In Malaysia, the current approach to crimes like burglary, snatch theft, robbery, and others prioritises punishing offenders, while victim compensation remains limited and uncertain. This needs to change.
The current system falls short on victim compensation. Courts can, at their discretion, order the return of stolen property or financial compensation, but this is not guaranteed. Even if ordered, collecting compensation can be difficult if the offender lacks resources. Even more concerning, court-ordered fines for offenders currently don't compulsorily include any reimbursement for victims. This means that even if a judge orders fines, the money goes to the government, not directly to the person who suffered the loss. Victims are left facing the additional hardship of recovering their losses on top of the initial crime.
To reinstitute justice, a shift in focus is needed. We need to prioritise making victims whole again, or at least comforted with some form of compensation. This could involve expanding court-ordered restitution to ensure it reflects the full value of stolen goods.
The most promising solution might lie in establishing a victim compensation fund. This fund, potentially financed through offender fines or surcharges, could provide a reliable source of support for victims, regardless of the offender's financial situation. Success stories abound in other jurisdictions that have implemented similar systems.
For instance, New Zealand has a Victims' Fund that offers financial compensation to victims of crime, even if the offender is unknown or unconvicted. Their fund is financed through a levy on all criminal fines and court costs. Canada has a similar program, the Crime Victims Compensation Program, which offers financial assistance to victims of crime, including theft, robbery, and assault, who have suffered physical or emotional harm.
By establishing a more robust system of victim compensation, Malaysia can move towards a justice system that truly serves all parties involved. The ongoing discussions could lead to expanded court-ordered restitution or the creation of a dedicated victim compensation fund deserve supports. Such reforms are essential to ensure a more just and equitable outcome for victims of crime.