In every case in which sentence of death shall have been passed, within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for any other punishment provided by this Code 3[:] [

Provided that, in a case in which sentence of death shall have been passed against an offender convicted for an offence of qatl, such sentence shall not be commuted without the consent of the heirs of the victim.].