Index of topics
03. Code of Procedure and Criminal Trials (1-325)
01. Preliminary judgements (1-87)
01. Judicial regulation (1-14)
02. Attendance order (11-24)
03. Preventive measures (23-37)
02. Preliminary investigation (36-144)
01. Preliminary investigation (36-97)
02. Police investigations (39-111)
03. Precautionary measures (48-135)
01. Arrest (48-115)
02. Police arrest (52-135)
03. Arrest by the investigator (62-68)
04. Pretrial (69-74)
04. Preliminary investigation (75-144)
05. Preview and transition (76-76)
06. Order to do something (77-77)
07. Inspection (78-89)
08. Adjusting Things (90-97)
09. Cross-examination of the accused and hearing witnesses (98-99)
10. Experts (100-101)
11. Conduct of the investigation (102-104)
03. Trial (105-222)
01. Liabilities (105-148)
02. Filing of cases and the system of hearings (129-153)
03. Investigation and evidence at the hearing (150-174)
04. Sentences, effects, appeals and executions (173-266)
01. Images and effects of sentences (173-233)
02. Opposition and Appeal (187-243)
01. Opposition (187-198)
02. Appeal (199-213)
03. Execution (214-266)
01. Execution (214-216)
02. Execution (217-218)
03. Execution of imprisonment (219-227)
04. Execution of the fine and confiscation (228-237)
05. Amnesty and Reconciliation (238-243)
06. Reconsideration (244-250)
Kuwait's Code of Procedure and Criminal Trials 17/1960
(1 – 325)
3.1 – Preliminary judgements
(1 – 87)
3.1.1 – Judicial Regulation
(1 – 14)
A penalty may only be imposed after a trial conducted in accordance with the rules and procedures established by this law.
The criminal courts shall try those accused of committing crimes and misdemeanours within the limits stipulated in this law, and in accordance with the procedures stipulated in it, the violations are appointed by a special law, and this law is responsible for regulating the competent courts to consider them and determine the rules and procedures that follow in The trial.
Criminal courts on two levels:
No: The first court of dissonth, namely the misdemeanour court and the criminal court.
Anya: Appellate Courts, an appealing misdemeanor court and the Supreme Court of Appeal.
The MisdemeanourCourt is composed of one judge of the Supreme Court and hears all misdemeanour cases brought against it.
Article 5 (amended by Law 9 of 1985 Article 1)
The sentence of a misdemeanour with a fine of not more than 40 dinars may not be appealed by the convicted person and may be appealed by the plaintiff. The sentence of a misdemeanour of innocence may be appealed by the plaintiff.
Other than that, the leading sentences for misdemeanours are subject to appeal from the convict edited and from the plaintiff.
A sentence of a fine of not more than 40 rupees may not be appealed by the convicted person and may be appealed by the plaintiff. The sentence of a misdemeanour of innocence may be appealed by the plaintiff.
Other than that, the leading sentences for misdemeanours are subject to appeal from the convict edited and from the plaintiff.
The appealed misdemeanour court hears the appeal of the misdemeanour verdicts, which are made up of three judges of the Supreme Court.
The Criminal Court is composed of three judges of the Supreme Court, and hears all criminal cases brought against it.
Sentences handed down in felonies are all subject to appeal from the convicted person and the public prosecutor's office, and the appeal is heard by the Supreme Court of Appeal in its criminal division.
The Public Prosecutor's Office has the authority to investigate, dispose and prosecute crimes and the authority to investigate, act and prosecute misdemeanours by investigators appointed for this purpose by the Police and Public Security Department, and also to prove the status of the investigator to police officers appointed by the rules of procedure provided for in Article 38.
However, the Public Prosecutor's Office may refer any offence to investigators or officers in the police department for investigation, and the head of the Police and Public Security Department may entrust the Public Prosecution to investigate and dispose of any misdemeanour if it is determined by its circumstances or its importance.
Judges for the Attorney General, prosecutors and investigators, in the exercise of their powers in this law or in any other law, may use the public authority to implement them.
All men of public authority must comply with the orders of the judicial authorities issued in accordance with this law and may use force to carry them out to the extent required by the necessity of action.
An investigator or any person with a judge's authority may not use torture or coercion to obtain the statements of an accused or witness, or to prevent him from deciding what he wants to make, during the trial, investigation or investigation proceedings, and any such act punishes his or her criminality in accordance with the provisions of the Penal Code.
Each individual must provide the investigating officers and the judiciary with the possible assistance they request while they have the legal authority to arrest the accused or those who escape or prevent the commission of crimes.
If an individual refrains with no acceptable excuse for doing this work, he will be punished with the penalty in the penal code.
Anyone who has witnessed and learned of a crime must immediately report to the nearest police or investigative body.
Those who fail to report, and the defendants, are punished for refraining from testifying, and the husband of any person who has a hand in committing this crime or his origins or branches shall not be sentenced to such a sentence.
3.1.2 – Attendance
(11 – 24)
The court or the investigator may request the presence of any person in front of him if necessary for his investigation, and this is by announcing an summons to attend.
The announcement of the summons must be written in two copies, signed by the president of the court or the investigator, and the order shall be made by court officials, police officers or any other government official granted this right by the Chief justice.
The order shall be announced to the person in charge of the attendees if possible, receive a copy of it, and sign the other image on the back of the other image by handing over.
If there is no attendee in his place of residence, it is enough that the photo of the advertisement will be handed over to one of his adult male relatives living with him, and the recipient signs the other photo.
A- If it is not possible to hand over the image of the advertisement to the person in charge of the attendees or to one of his relatives residing with him in his place of residence because there is no one of them or their refusal to receive, the photo will be handed over on the same day to the police station official or to his place, which is located in his district, the home of the attendee.
Within 24 hours of handing over the photograph to the police station, the advertiser must be sent a written letter informing him that the photo had been handed over to the police station and that he should immediately indicate all the steps he had taken to make the announcement.
B- If the home of the attendee is not known, the copy of the declaration will be handed over to the public prosecutor or the public prosecutor, depending on the circumstances.
C- The nullity of the violation of the provisions of this article.
The one who made the announcement must return to the commander his signed picture of the one who received the declaration or the witnesses, and it has to approve a site of it showing the date of the announcement, its place, how and all that happened about it, which is of interest to know.
This declaration is a testimony from him, and what is contained in it is an argument in the evidence until he proves what he disagrees with.
The rules regarding the announcement of the summons apply to the announcement of all papers, unless otherwise stipulated by law.
If a summons is not issued on time, an arrest warrant may be issued, whether it is a suspect, a complainant or a witness. The investigator may ask the competent court to sentence him for failure to appear by refraining from testifying if he is a witness.
The court or the investigator, when a person appeared before him either on his own or on the order of attendance, and he felt that he should be summoned later for the benefit of the investigation, to ask him to sign a pledge to attend at a certain date, if he failed to attend at this time, the provisions of the previous article would be passed on him.
3.1.3 – Preventive measures
(23 – 37)
Preventive measures are orders set by law to prevent crimes from occurring before committing them, issued by the courts in accordance with the rules stipulated in the following articles and these orders are intended to draw the attention of a certain person to the doubts and suspicions surrounding his conduct, and warn him against continuing his suspicious behavior, and to invite him to Change his behavior and commit not to break the law.
Violation of these orders entails a stiffer penalty for any offence that occurs within the specified period of the procedure.
These measures are not considered criminal penalties, and the person against whom you are taken is not considered a criminal or a suspect. He may not be treated exceptionally except as stipulated in these procedures.
When issuing a conviction against an accused of a felony or misdemeanour that would disturb public security, if it is found to have criminal tendencies or aggressive tendencies that are feared to return to criminality, the court may order the following preventive measures:
First: The obligation to sign a pledge to pay a certain amount if he commits a felony or misdemeanour in a certain period.
Secondly, the obligation to sign this pledge and to provide a guarantee to guarantee the payment of the specified amount.
Third: the obligation to sign this undertaking and to deposit the specified amount as a guarantee of his undertaking and the court limits the duration of the undertaking to no more than two years.
The court may use its authority in the previous article if it has acquitted the defendant in the original case, if it finds that the circumstances of the case require preventive action against the accused despite the fact that he has not been convicted.
The Head of Police and Public Security should ask the Public Prosecutor's Office to submit an independent application to the Criminal Court to order one of the preventive measures stipulated in article 24 against a person who is found to have a person in his conduct and in his finances, which threatens to commit crimes if one of the following conditions is met:
– He must have been seriously charged with one of the crimes of self-assault or money, but he was not sentenced or not prosecuted for lack of evidence.
– He must have been seriously charged with one of the crimes of self-assault or money, but he was not sentenced or not prosecuted for lack of evidence.
– Be known for his public reputation for his habit of committing crimes of self-harm or money.
– If he is not a professional or a business owner and does not have legitimate resources to live or has been known for his public fame to make money by illegal means.
The independent request for a preventive order is submitted to the court in accordance with the normal procedures for filing the claims, with which the Attorney General submits the papers of the investigation supporting it. The court should hear the statements of the public prosecutor and the defendant, and initiate the necessary procedures to investigate the defendant's defense before approving the request.
The court rejects the application without investigation, if it finds out from the inquiries submitted to it the obligation to undertake.
The order to sign the pledge is executed at its issuance hearing, either the order to provide the personal sponsor or to deposit the financial security, the court gives the person time to execute it if requested.
The duration of the pledge begins from the date of his signature, unless he is required to pledge in custody and begins from the time of the end of the detention.
The undertaking must be accompanied by personal bail if the undertaking is required to be imqualified.
The amount of the pledge issued by the preventive order to be signed should not be exaggerated and take into account the contractor's assessment and status.
Whoever has been ordered to provide a personal sponsor has always the right to request the replacement of the financial insurance deposit with this obligation.
The amount of financial insurance remains the property of the one who paid it unless a judgment is issued to confiscate it and the amount must be refunded to the one who paid it immediately at the expiry of the duration of the pledge, unless it is issued before the expiry of this period, which is considered a breach of the undertaking. In this case, the investigator must submit without delay an application to the court that ordered the undertaking, in order to issue a decision to continue depositing the amount until the ongoing investigation of the charge against the contractor is resolved, and the effect of this decision will be if this investigation is carried out without the accused being brought to trial, or if the trial is completed. Without a verdict of confiscation of the money.
If a person refuses to sign the undertaking before the court that ordered him, or if he refuses to provide the personal sponsor or deposit financial insurance within the time given to him and the court is determined that he is only excused in this omission, she may cancel the order of the undertaking and instead issue an order to place the person under police control for the period that you see it so that it does not exceed the period of time that was planned for the undertaking.
If the court considers that a person has an acceptable excuse, she may exempt him from the undertaking, or adjust his advice as it sees it.
The person against whom a preventive order has been issued, if the circumstances required before the expiry of his term change, change, to submit a complaint to the court that issued him requesting his exemption for the remainder of the period, or to amend his conditions in accordance with the new circumstances.
If the contractor commits an offence punishable by imprisonment or more severe in the duration of the undertaking, the court that convicts him, as well as sentencing him to a severe penalty for this crime, shall be obliged to pay the amount pledged or a lower amount, and apply to the amount that obliges him to pay the fine, and if there is a sponsor, it shall be included. I'm to meet that amount.
If the contractor has deposited financial insurance, the court may order his confiscation. All or some.
If the contractor is not found guilty of an offence punishable by imprisonment or more severe in the duration of the undertaking, the undertaking is over and its effects are over.
Preventive action may not be re-ordered on those whohave dishonoured, unless it is carried out by a new reason that requires preventive action.
3.2 – Preliminary investigation and investigation
(36 – 144)
3.2.1 – Preliminary investigation and investigation
(36 – 97)
The investigator must investigate all felonies and may investigate the misdemeanours if he finds that their circumstances or importance require it. The government's commitment to the law is a matter of concern.
The following rules are followed in the investigations and, if necessary, are supplemented by the provisions of the trial proceedings.
It is permissible in investigations and in the investigation to search for physical and oral evidence relating to the crime by the means organized by this law, and it is permissible to resort to any other means if it does not violate morals or harm the freedoms and rights of individuals.
As for the precautionary measures restricting the freedom of the accused, it is not permissible to investigate or investigate them except within the limits stipulated in this law, and to the extent necessary.
The investigators will exercise their powers in the preliminary investigation provided for in this section in accordance with the rules of procedure, which are issued by the police and public security chief.
3.2.2 – Police investigations
(39 – 111)
The police is the administrative body to maintain order and prevent crimes, and, in accordance with this law, has the following tasks:
First, make the necessary greetings to uncover the crimes, identify the perpetrators and collect all the necessary information.
Secondly, the implementation of the orders of the investigating and trial authorities in all matters relating to investigations and trials.
Thirdly, the police officers who have been found to be investigators should be investigated in the circumstances in which the law provides for this.
The police are competent to receive reports of all crimes and must examine them, collect information about them and prove them in the investigation report, and immediately restrict the summary and date of the communication in a book prepared for it at the police station.
If a police officer reports or is aware of a crime, he must immediately notify the Public Prosecution in Criminals and the police investigators in misdemeanours of the crime, and move to the shop where the incident took place to preserve it, and to control everything related to the crime and benefit the investigation and to carry out the procedures required by the circumstances, and therefore All these procedures must be confirmed in the investigation report.
While investigating, the police man must hear the statements of the whistleblowers and may call witnesses, hear their statements, and prove them in his record. But it is not permissible for him to take the oath, nor do they have to sign their statements.
All actions and procedures taken by the police in the investigation, whether or not these actions lead to results, must be established in the records of the investigation.
During the editing of the investigation report, the police officer shall prove the statements made by the accused and the defence he submits. If the statements of the accused include an admission of a crime, the police man may write it down in principle in his record, and the accused shall be referred to the investigator for questioning and verifying the confession.
A police man, if he testifies to a felony or misdemeanour, or attends the scene of the incident, and the crime is still well-known, to search the accused or his home.
When a police officer investigates, if he or she finds it necessary to search a particular person or residence, he or she must submit the investigation to the investigator. The investigator, if it is confirmed that it is necessary to authorize the search, may authorize him in writing in his conduct, and the inspector must present the record and the result of the inspection to the investigator immediately after the completion of the inspection.
The police man has the right to seize the transfers related to the crime during the conduct of inspection or investigation.
When conducting investigations, police officers should use means of search and investigation that do not harm individuals and do not restrict their freedoms, and no one should initiate investigation proceedings unless they have the status of investigator under the law.
The investigator may make a written decision to assign a police officer to investigate a particular case or to carry out a particular investigation. In this case, the police officer delegate has the authority of the investigator in relation to that case or this work, and the minutes of an investigation shall be recorded.
The investigator's records, edited by the police officers, must be presented to the public prosecutor's office or police investigators in accordance with the circumstances to be have to deal with them and to make sure that they are satisfied.
These records do not have the authority to prove before the courts.
When the investigator receives a report or a police investigation report regarding a particular incident, the investigator may act in one of the following aspects according to the importance and circumstances of the crime:
First, he must immediately move to the scene of the incident to conduct an investigation himself or conduct it anywhere else.
Secondly, an order should be issued to place a police officer to carry out the investigation.
Thirdly, he must order the police to continue their investigations if he does not find any reason to open an investigation.
The case should be brought before the court against the accused in accordance with the rules established in article 102.
A decision must be issued to preserve the papers in accordance with the rules established in Article 102.
3.2.3 – Precautionary measures
(48 – 135)
126.96.36.199 – Arrest
(48 – 115)
An arrest is the seizure and bringing the person, even forcibly, before the court or the investigator n by order of him, or without an order, in cases provided by law.
The legal warrant for the arrest must be written, and shall be authorized to arrest when it is true in accordance with the law. As for the oral order, it is permissible to carry out it only in the presence of the order and under his responsibility.
For the person who carries out the arrest must use the force necessary to carry it out and overcome all resistance on the part of the arrested person or others, but the force that may be used is not permissible to exceed what is required to prevent resistance or escape, and it is not permissible to kill a person unless he is accused of a crime punishable by death. Or life imprisonment.
The person carrying out the arrest may enter the residence of the person who is wanted in search of him, and may enter any other dwelling for the same purpose, if there is strong evidence that the accused has hidden in it.
If he refuses or resists, the person who carries out the arrest shall enter the house or the dwelling by force and use force within the limits set out in the previous article. If there are veiled women in the dwelling, the rules established in article 86 regarding the inspection of dwellings have been taken into account.
The person who carries out the arrest may search the arrested person in principle to disarm him and all that he is likely to use in the resistance or to harm himself or others, and to seize these things and hand them over with the arrested person to the arrest warrant.
If, during this inspection, he accidentally finds items related to the crime or is useful in its investigation, he must also seize them and hand them over to the arrest warrant.
If a woman is arrested, a woman must be searched.
188.8.131.52 – Arrest by the police
(52 – 135)
Every policeman can stop anyone and ask him for details of his or her name and identity, if necessary for his or her inquiries.
A policeman may ask the person to accompany him to the police station if he refuses to provide the required data about his or her identity, if he or she provides incorrect data, or if there is serious evidence that he has committed a felony or misdemeanour.
Police officers may arrest people in the following cases:
First, if they are issued with a valid written warrant for the arrest of those who have the right to issue it in accordance with the law.
Secondly, if they are issued with a healing order from those who own it, they will execute it in his presence and under his supervision.
Third: If a person is requested by means of advertising and publishing as a fugitive in accordance with the rules established in this regard.
The police officers have the right to remain without an order for the following defendants to mention:
First: Who ever was charged with a felony and was charged with strong evidence.
Secondly: those accused of misdemeanours are the following: resisting employees working in the line of duty, theft, concealment of stolen items, fraud, aggravated assault, carrying illegal weapons.
Thirdly, every person suspected of being seriously suspected of being arrested then escaped.
In other than previous offences, police officers may arrest without order anyone accused of a misdemeanour punishable by imprisonment, if this accusation is supported by serious evidence and one of the following cases is available in the accused:
First, if he does not have a well-known place of residence, or does not have a legitimate means of earning a living.
Secondly, if he is found to be taking precautions to conceal his existence or there are strong indications that he is trying to escape.
Thirdly, if he is asked to give his name and address, he refuses or does not make a convincing statement about his identity or gives an incorrect name and address, or if he is asked to go to the police station, he refuses without justification.
The crime is considered to be committed in the presence of the police man, or if he comes to the place where it was committed after the commission of the crime, and its effects and results are still conclusive.
Police officers have the right to arrest in the following cases:
First: having a drunk person between, if he is unable to take care of himself or is dangerous to others.
Secondly, the existence of a gathering, an altercation or a quarrel in which a cause or threat occurred or is considered a crime, or threatens to develop into an attack that can only be prevented by arrest.
The average individual has the right to arrest the accused in the following cases:
First, he is issued with an order or assignment from the judiciary or the investigating officers in accordance with article 13.
Second: If the accused is a fugitive and is wanted for arrest and brought by means of advertising and publication in accordance with the rules established in this regard.
Third: If the accused has been legally arrested but has fled, he may re-arrest him.
Fourth: If the accused is arrested and the crime is witnessed.
The official of the police station must prove all arrests in the center's record, and appoint the time of the beginning of the arrest and its cause and time of end and report a list of these cases to the director of police and the investigator on periodic dates determined by the regulations and orders and includes registration and notification all arrests, on the order or without, and whether The arrest is linked to the police or the knowledge of the individuals.
If the accused is arrested in previous cases or handed over to them by an individual, the police officers must hand him over to the investigator.
In no case, the arrested person may remain in custody for more than four days without a written order from the investigator to remand him in custody.
The investigator may release the arrested accused by undertaking or without a undertaking, if he does not see a reason to be imprisoned, but if he finds that the circumstances require him to remain in custody, he is ordered to be remanded in custody.
184.108.40.206 – Arrest by the investigator
(62 – 68)
The investigator may arrest or order the arrest of the accused, who has been charged with serious evidence, and also has the right to arrest in all cases where this right is proved by the police.
Each arrest warrant must be written, dated and signed by those who issued it with a statement of character, showing the name of the wanted man, his place of residence and all that is necessary for his appointment, and the reason for the arrest warrant.
If it is not executed within three months of its issuance, it shall be dropped, and it may not be carried out thereafter unless a written order is issued to renew it.
The person executing the arrest warrant must notify the person who is wanted and to inform him of the text of the order if requested.
If an arrest warrant is issued to the police without appointment, each of them may carry it out. If the order stipulates that a particular policeman should be assigned to carry it out, he must carry it out himself, and he may not assign him to do so unless necessary, and by a written transfer in the tail of the order and signed by him.
The order may, in cases of necessity or urgency, be assigned to carry out the arrest warrant of an employee working non-police or an individual, and this person may not transfer the matter to anyone else in any way.
If an arrest warrant is issued to multiple designated persons, everyone, some of them or one of them may carry it out.
The arrest warrant may provide for the release of the arrested person if he signs a summons accompanied by a guarantee to be determined in the order.
The person charged with carrying out the order must release the wanted person if he is given the undertaking on the terms set by the order, and send the undertaking to the person who issued the order signed by the executors.
The person who executes the arrest warrant must bring the arrested person before the arrest warrant without any delay, subject to the provisions of the previous article and article 60.
Arrest warrants are effective in all parts of Kuwait and its satellites and on all ships carrying the Flag of Kuwait, whenever they are issued by the investigator for a crime within his jurisdiction. He was arrested to verify that he was the person wanted. The investigator may send the order by mail or otherwise to the investigator who is to carry out the order in his local jurisdiction, in order to carry out the order himself or to instruct others to carry it out.
The provisions on the statements contained in the arrest warrant, the duration of its stay, the notification and information to the relevant person, and the person who executes it, and its effectiveness throughout kuwait and its dependents and all ships carrying the flag of Kuwait, apply to the detention orders, search warrants and other orders provided by law.
220.127.116.11 – Pretrial detention
(69 – 74)
If it is considered that the investigation department requires that the accused be remanded in custody to prevent him from escaping or to influence the conduct of the investigation, he may be remanded in custody for no more than three weeks from the date of his arrest.
The accused must be brought before the president of the court before the end of this period to renew the pretrial detention, and the president of the court ordered a renewal of the detention, in which the period of detention is limited to not more than fifteen days each time he requests renewal of the detention.
If the accused continues to be imprisoned for six months from the date of his arrest, the renewal of his detention may only be made by order of the competent court to hear the case at the request of the investigator, and after hearing the statements of the accused and seeing what was done in the investigation.
The court order shall be renewed for 30 days at a time.
If a detention order is issued against a fugitive, you must hear his statement suppalling 24 hours before the date of his arrest.
The investigator may, at any time, issue a decision on the release of the detained accused when he is found to be in custody is no longer justified, that there is no harm to the investigation of his release, and that he is not afraid of absconding or disappearing.
The release must be accompanied by a pledge of attendance accompanied by bail or financial insurance for offences punishable by death or life imprisonment, otherwise the summons must be accompanied by a guarantee or without it as required by the circumstances of the case.
If the decision to release is conditional on the provision of a sponsor or deposit of financial insurance, it is not effective until the date on which the sponsor signs his or her pledge or where the insurance amount is deposited, but if the undertaking is without guarantee, the release decision is enforced when the accused signs the undertaking.
Those who order the release on condition that the guarantee is made up or without it, once the decision to release become effective, must issue the order to the prison officer who unites the accused to release him. The prison officer must release him immediately, unless he is detained for another reason, in which case he points out in the papers.
The pledge signed upon the release of the imprisoned accused stipulates that he or she is obliged to attend at the time and place of the investigator, and that he will continue to do so whenever asked to attend, and that he shall pay an amount to be appointed in the undertaking if he violates this obligation.
This undertaking applies to the provisions that apply to the general attendance pledge.
3.2.4 – Preliminary Investigation
(75 – 144)
The accused and the victim have the right to attend all the procedures of the preliminary investigation, and each of them has the right to be accompanied by his lawyer, and the lawyer does not speak without the permission of the investigator, and if the accused is arrested or imprisoned, the investigator must bring him during the investigation.
The investigator may, if necessary, order that it be kept secret.
3.2.5 – Preview and Transition
(76 – 76)
The investigator moves to the scene of the incident to examine the crime scene, its effects and its physical circumstances, whenever possible and useful for investigation.
The investigator must move to the scene as soon as he learns of it, whenever the crime is what he must investigate, and she was informed shortly after the commission.
3.2.6 – Order something
(77 – 77)
If the investigator has evidence or evidence that a particular person possesses papers, luggage or anything other than the crime he investigates or is useful in investigating, he may order that the holder to order, submit or provide the investigator with access to it, in the manner specified, and in the place. The time assigned to the order issued, and the order is announced to the person in charge of the manner in which the summons is made.
If the person in charge of the order is not executed on time, the investigator may order an inspection, seizure or any other work of the public authority to put his hand on this matter for the benefit of the investigation.
If it is established to the investigator that the accused has failed to carry out the order without an acceptable excuse, or that he has done anything intended to smuggle that thing or prevent his seizure, he may present it to the court for sentencing him to refrain from testifying if he is not accused in the case.
3.2.7 – Inspection
(78 – 89)
For people, their homes and messages are inviolable, and the sanctity of a person protects his body, clothes and belongings. The inviolability of the dwelling includes every place fenced or surrounded by any barrier, used or intended for use as a shelter. The inviolability of the message is forbidden to access e-mails, telegrams or telephones while they are transmitted or transmitted from one person to another.
It is not permissible to search objects of haraam ity without the consent of the concerned, except in the circumstances provided by law, and under the conditions established in it.
The person, his or her residence or letters may be searched by the investigator or by his order, to seize the items used in the crime, or to result from it, or to attach to it, when necessary for investigation and there is no other way to obtain it.
Searching the person is done by searching for his body, clothes or luggage that he or she has for traces or objects related to the crime or is needed to investigate it. An arrest warrant may be issued for the use of force in the limits described in article 49.
The inspection of women must in all cases be carried out by a woman scarring for it by the investigator, as well as his witnesses are women.
Inspection of the dwellings shall be by entering and searching for something or trace that benefits the investigation or it is necessary for him, and the inspection of the dwelling may look for the items to be seized in all parts of the house and its accessories and contents.
If there are people inside the shop during the search, the inspector may put them under the necessary guard if he is afraid that they will obstruct the search, disable it or resist it, and if he has serious evidence that one of these people is hiding something in his body or clothes, he may search it immediately.
The inspection of the houses must be during the day, and after the permission of those occupying the place, it is not permissible to enter at night, or without permission, unless the crime is witnessed, or if the investigator finds that the circumstances of urgency require it.
If the owner of the shop or occupant must enable the inspection person to enter, and make it easier for him to do so, if he refuses to do so or resists his entry, the inspection is permissible to break into the house and use the necessary means of force to enter, even if the doors break or climb or similar as required by the circumstances.
If there are veiled women in the dwelling, and the purpose of the entry is not to control them or to search them, then the inspection person must take into account the traditions used in their treatment, enable them to be detained or leave the dwelling, and to give them the necessary facilities to do so, which does not harm the inspection authority and its outcome.
The inspection of the messages shall be controlled and accessed by means that fit their nature.
The investigator may not scold others for the written letters, mail or telegram, but issue an order to the postal service, or to a police officer, to seize the written message and deliver it to him as it is without breaking it or seeing what is in it.
The investigator may use the screening or translation of the seized messages by the investigating clerk, a police officer or translator, all in his presence and under his supervision.
What phone conversations the investigator may assign to one of the agents of the telephone department or the police officers to listen to them, and record them to convey her bridesmaid to him. It should include a clear definition of the call or calls to be recorded, so that the surveillance or listening does not last longer than required by the need for investigation.
The inspector, whether the investigator or others, may use those who are required to assist them in the course of carrying it out, whether they are general police officers, industrialists or other professionals, or experts, provided that their work is carried out in the presence of the inspector and under his supervision and responsibility.
The inspector should look for the items or traces that have been issued only for the inspection. But if he accidentally shows things that her life considers a crime, or things related to another crime, he must seize them and prove them in his record, and present the record and the seized items to the investigator.
3.2.8 – Adjusting Things
(90 – 97)
The money transferred, except for letters, is not inviolable if it is not affiliated with the dwelling or the person. If the investigator considers that it is necessary to investigate or take action on a particular case, he may issue an independent order to seize it or to seize it himself.
The items that are seized, whether by inspection or by independent control in accordance with the previous article, must be confirmed in a record showing their description, condition, how they were seized, where they were found, and the sayings of those who were seized or who is acting on it.
The seizures are placed in a record commensurate with their size and nature, and a sheet of paper showing the date, location, cause, cause and signature of the one who made it is affixed to it. These procedures are carried out before you leave the place where the seizure took place, whenever possible.
Those who have seized the items have the right to take a statement of seizures, signed by those who conducted them and witnesses if they found them.
The items that the investigator shall have access to, whether provided by the holder on his own or in accordance with an order issued by the investigator in accordance with article 77, the investigator may issue a decision to control it, when it is found necessary to adjudicate the case in which he is investigating.
Maintenance expenses for the seized items are paid from the State Treasury, provided that those who issue the order to hand over the seizures to them or those who are obliged to do so will be required to pay them.
If the investigator finds that the seized items are vulnerable to damage, or that their maintenance expenses are high first commensurate with their value, he may sell them and deposit them in the court's locker, and replace them with respect to the provisions of the controls.
The items that have been ordered to be seized remain in check as long as they are necessary for investigation or adjudication of the case. Anyone who has an objection to the seizure of things or to keep them in control, whether the objector is the one who has this thing or is someone else, may file a complaint with the president of the supreme court or his representative.
The president of the court decides on this objection after reviewing the papers of the investigation and hearing the statements of the complainant.
If the investigator finds that the seized items are not necessary for investigation or adjudication of the case, he may order that they be handed over immediately to those who have been seized or who they believe have the right to possess them, and if there is a doubt about who has the right to possess, the investigator will present the matter to the president of the supreme court or his representative for adjudication.
The president of the court, when presented to him, at the request of the investigator or at the request of an individual, and after hearing the statements of the stakeholders, to order the return of the matter to the right holder of the right to own it unless it prejudices the origin of the property or the case being investigated, but if it is found that the adjudication of this matter Requiring exposure to the property or the subject matter of the case being investigated, he must order the matter to be brought before the competent civil court or the trial court as the case is.
If the corrected thing is not known to him by the owner and has not been claimed by anyone, the investigator or the court may order its announcement in the manner it sees, and ask those who claim to be in it to come and present what supports their requests.
If the trial court does not rule on the confiscation of the seized items or returning them to a particular person other than the one who has been seized, the investigator must, once the final adjudication of the case, order that it be handed over to the person who has been seized.
If the object cannot be handed over to the right holder, and no one claims it within one year of the end of the case, these things become the property of the state.
3.2.9 – Cross-examination of the accused and hearing witnesses
(98 – 99)
If the accused is present, the investigator must ask him orally before the investigation begins.
If the accused confesses to the crime, at any time, his confession will be confirmed in the investigation minutes as soon as it is issued and discussed in detail. If the accused denies it, he must be questioned in detail after hearing the prosecution witnesses, and the accused signs his statements after reading it down or proves in the record that he is unable to sign or refrain from signing.
The accused may refuse to speak, or request that the interrogation be postponed until the presence of his lawyer, or any other time, and may not be sworn in, nor to use any means of seduction or coercion against him.
The accused must all the time show his defence, discuss the witnesses of the evidence, request the hearing of witnesses of the denial, take any action of the investigation, and prove his requests and his defence in the record.
The investigator should hear the witnesses of the evidence, whether they were summoned to know or to the complainant or who had attended on their own, and also to hear the witnesses of the denial that the accused requested to hear when their testimony was useful for the investigation.
He may discuss each witness, and the opponents may also discuss witnesses if this discussion is of the benefit of the investigation. The investigator has the final say in rejecting any witness who is useless to hear, as well as in refusing to ask any question that is not productive or unrelated to the subject matter of the investigation.
Every witness must attend whenever he is invited to do so in an official way, and he must answer all the questions he is asked to do, and take an oath, and be honest and honest in his statements.
3.2.10 – Experts
(100 – 101)
The investigator may ask anyone with technical expertise in any area to express an opinion on an investigation matter, after being sworn in.
The expert must submit his opinion in writing, and each of the litigants must submit a report from another expert in an advisory capacity.
3.2.11 – Conduct ing of the investigation
(102 – 104)
After completing the investigation, if the investigator finds that there is a crime to be brought to trial, and the evidence against the accused is sufficient, the investigator must submit it to the competent court for trial.
If the accused is found not to have known, or the evidence is insufficient, he may issue a decision to temporarily save the investigation. A decision will be issued to keep the investigation final if the facts attributed to the accused are not true or not. The decision to dispose of the investigation in both cases shall be made public to the opponents.
This power of conduct, for felonies, is not proven to the investigator unless he is a prosecutor. The attorney general's decision determines the authority to be granted to prosecutors of all degrees.
The decision to keep the investigation is suspended and the investigation suspended until new evidence emerges that requires the reopening of the investigation and its completion.
The head of police and public security may issue a decision to keep the investigation permanent, even if there is a crime, and the evidence is sufficient if there is sufficient evidence in the triviality of the crime or in its circumstances to justify such conduct.
Article 104 bis added under Law 6 of 1996
The victim may be charged with a felony or misdemeanour or to any of his heirs, although a civil is not allowed to complain about the preservation decisions referred to in the previous articles, within two months of the date of his declaration or knowledge of the decision to save, before the Criminal Court or the court of misdemeanours, which, depending on the circumstances, is not allowed. (The text of this provision was replaced by Law No. 74 of 2003 in Article I.).
The court shall decide in the chamber of counseling the grievance within thirty days of the date of its submission by a decision that cannot be challenged in any way, and may before issuing its decision to hear the statements of those who consider it necessary to hear his statements or to assign the competent investigating authority to complete any deficiency in the investigation or complete the papers.
If the complaint is accepted, the case will be submitted to the competent court within 10 days of the return of the papers to the issuer.
In any case, the decision in the complaint is a reason.
The investigation authority must submit cases for custody decisions in which the victim or his heirs are not known to the competent court for consideration, in accordance with the conditions stipulated in the previous paragraphs. (This provision was added under Law No. 74 of 2003 in its first article))
3.3 – Trial
(105 – 222)
3.3.1 – Liabilities
(105 – 148)
The public prosecutor's office initiates the criminal proceedings by requesting that the defendants be punished for felonies in accordance with the procedures and in accordance with the conditions stipulated in this law.
Investigators initiate criminal proceedings by requesting that the defendants be punished for misdemeanours who have been investigated and disposed of in accordance with Article 9.
The investigators initiate the proceedings by requesting that the defendants be punished for all crimes in which they have the power to investigate, act and prosecute in accordance with paragraph 2 9, in accordance with the conditions and procedures stipulated in this law.
The charge proceedings in the criminal proceedings shall be handled by the initiator of the investigation and disposal.
Article 108 (repealed by Law 23 of 1990)
Article 4 of The Decree No. 23 of 1990 on the organization of the judiciary is repealed.
It is not permissible to file a criminal case except on the basis of the victim's complaint for the following crimes:
First- Crimes of slander, slander and disclosure of secrets.
The crime of adultery.
Thirdly, female abductions.
4- The crimes of theft, extortion, fraud and breach of trust, if the victim is of the origins of the perpetrator or his branches or is his wife.
If the victim is a minor, his legal guardian may file a complaint on his behalf, and if this is not possible, the Attorney General will replace the guardian in this regard.
For those who have been authorized or complained, the right to refrain from doing so shall be considered a special amnesty for the accused and his sentences apply to him.
Anyone who has suffered damage due to the crime may file a civil suit with the court that hears the criminal case, in any case the case is pending the case, and in this case shall have the status of the plaintiff in the criminal case if it is someone else who filed it.
The civil prosecutor may claim his right during the preliminary investigation with a request to the investigator, and be treated as a prosecutor during the investigation.
A civil rights plaintiff may enter the civil rights officer in the case he brings before the criminal court or in the preliminary investigation, and the civil rights officer may intervene on his own in the criminal proceedings at the trial stage or at the investigation stage, even if there is no civil claim.
In both cases, the civil rights officer is considered a littoud of the accused in the criminal proceedings.
The Criminal Court decides on the same sentence it makes in the criminal case in the claims for compensation submitted to it by the litigants.
However, if the criminal court finds that the ruling in the civil suit with the criminal case entails a delay in the adjudication of the criminal case, it shall separate the plaintiffs and rule the criminal case alone, and postpone the consideration of the civil case to another hearing, or refer it to the competent civil court.
Every civil defendant before the criminal court has, in any case, to drop his civil claim before the criminal court. This dissontation does not affect his right to file his case with the civil courts, unless he declares that he is not a minor. Leaving the civil plaintiff to his claim does not affect the rights of the accused or civil rights official before him, nor does it prevent the court from eliminating him with expenses if it deems it to do so.
The civil prosecutor failed to appear without an excuse, allowing the court to rule that he was removed from his case.
If the accused is convicted, the court may require him to pay compensation for the damagecaused by the crime, if the convict undertakes not to claim any further compensation for the same offence.
The court, at the request of the convict, ordered the performance of compensation in installments. If the convict does not pay the amount of compensation, and it is not possible to carry it out on his own money, the court may, if it is found to be able to pay, order, at the request of the convicted person, to subject him to physical coercion for a period of not more than three months, without ever disowning him. If he asked to be employed instead of subjecting him to physical coercion, the convict gave him the proceeds of the work, and the convict was acquitted of compensation by the amount given to him by the convict.
The defendant may ask the court to award him civil damages for damages caused by a kindi or an accusation based on lightness and recklessness on the part of the amount or the victim. This request is made with a formal announcement or direction at the meeting. The court may decide on the same sentence in the original criminal case, and if it finds that it requires special investigations that may delay the adjudication of the criminal case, it may postpone the verdict to another hearing.
The Criminal Court shall award compensation to the accused on the one who has ruled his conviction for the crime of perjury or false communication, at the request of the accused or without his request, and it is likely that this should be with the penal sentence.
The court or the president of the supreme court during the preliminary investigation, at the request of the public prosecutor, may appoint a guardian of the litigant representing the victim or the civil rights official if he does not have a representative, or his interest is contrary to the interest of his representative.
If it turns out that the accused, after referring him to a forensic doctor, crazy or insane or mentally ill, makes him unable to defend himself, the court, or the investigator of the preliminary investigation, must order a stay of proceedings until the accused returns to his senses and can defend himself.
If the court finds that insanity predates or contemporary of the crime, and that it entails a lack of responsibility for the accused, it must decide the case without having to stop it. It may also be found innocent for any reason if the reason for innocence is apparent to the court without the need for the accused's defence.
In all cases, it may refer the accused to the administrative authority for filing him with the institution allocated to mental illness, or to hand him over to one of his relatives to maintain and care for him, and to order as a custody in the manner it deems appropriate.
If the criminal case is brought against the young man, the court or the investigator must order his guardian, guardian or care rifins to appear with him in all procedures to assist him in defending himself, and may, if necessary, appoint a guardian to the litigant.
The accused in a felony has the right to be assigned to defend him, and the court must assign lawyers to the person who performs this task if the accused does not assign anyone.
The accused is guilty of a misdemeanour, and other adversaries have always the right to power of attorney who attends with him.
The accused must be present himself in all trial proceedings. However, he may only be present in the presence of his agent if the penalty for the crime is imprisonment of not more than one year or a fine only, unless the court orders his presence in person. The court may also be satisfied with the presence of the agent and exempt the accused from attending himself if the offence is a misdemeanour.
The non-accused is a litigant. The court may order at any time their presence in their person, if it is in the interest of the investigation.
If the accused fails to appear himself or in the event that this may be done, the court must ensure that he has made a correct declaration at an appropriate time, and may postpone the case to another hearing and order a reannouncement.
If you confirm that the accused insists on not attending without an acceptable excuse, and does not see the need to issue an arrest warrant, or confirm that he is a fugitive and is not expected to be arrested in a timely manner, then she may order the case to be heard in his absence and issue a verdict in absentia.
The accused is considered to be a fugitive in the following circumstances:
First – if he has been arrested or imprisoned, then escape from arrest or imprisonment.
Secondly, if a valid legal warrant was issued for his arrest, but it could not be carried out, and the commander had strong evidence that the wanted man had concealed himself.
Thirdly, if a valid legal warrant was issued for his arrest, but could not be executed, it was unlikely that later, because the accused has no known place of residence in Kuwait.
The criminal court competent to hear the case, in the event of the escape of the accused, to order the declaration of his escape. The declaration is published in the Official Gazette and is affixed to prominent places in the area where he resides, in a prominent place of his place of residence or work, and wherever he sees his publication.
The announcement of the fugitive accused includes an order to be present on time, and this date must not be less than one month from the date of publication or pasting of the declaration and is considered to be an arrest warrant, and each individual may carry it out.
When the accused who declared his escape or was arrested, either before or after the ad period, attended the announcement, the declaration was deemed to be out of effect.
The court at any time after the announcement of the fugitive accused, to issue an order to seize part of his money and appoint a guard on the money seized, and to choose the guard from the relatives of the accused entrusted or public servants or other honest persons.
If the fugitive accused does not show up on time to declare his escape, the court may order the sale of his seized money, and the price is deposited in the court's treasury, and it is not permissible to order the sale of this money until one year after the date of the booking.
If the fugitive accused attended or was arrested within a year of the date of the seizure of the money, and proved that he did not hide himself and did not know about the announcement so that he could attend on time, the court replied to him what he had withheld of his money.
In other cases, the court may order the confiscation of the money seized, all or some of it, or the price obtained from it.
3.3.2 – Filing of lawsuits and hearing system
(129 – 153)
The courts rule on the claims filed by the public prosecutor's office or the investigator.
The courts may not hear a case brought against them in the legal way referred to except in the exceptional circumstances provided for by law.
The criminal case is submitted to the competent court of an indictment newspaper that, in addition to the data to be mentioned in each of the arguments, contains the following statements:
– Appoint the plaintiff by stating his name and description.
– The appointment of the accused, usually by mentioning the name, age, place of residence and other data that are necessary for the appointment of the person.
– The statement of the crime in question, by mentioning the acts attributed to the accused in terms of nature, time, place and circumstances, how they were committed, their consequences, and other harmful to identify the crime.
– Legal description of the crime, by mentioning the legal articles that apply to it, and the name given by law to it if any, with the associated circumstances or facts of other crimes.
– To indicate the evidence of the crime and its attribution to the accused, by mentioning the names of witnesses or physical evidence or seized items, with reference to the procedures of the police or investigators in this case and the conclusion of the case at the time of the filing of the case.
The omission or error of any of these statements is not considered to be substantial, unless it misleads the accused by misleading the purposes of the law to mention such statements.
The indictment is submitted to the president of the competent court, and the President orders a hearing to hear the case and announce the accused in the indictment newspaper, and assign him and all the other litigants and all the witnesses who he deems necessary to be summoned, whether cited by the plaintiff in the preliminary investigation or cited by the accused, to attend the specified hearing .
The court does not abide by the description in the indictment, but must give to the act that the investigation proves that the accused has committed the description he deserves in the eyes of the law, even if it is contrary to the description in the indictment, and if its descriptions are numerous, it shall apply to him with a penalty of one description, which is the harshest description.
The court authorizes the plaintiff to make an amendment to the indictment at any time, provided that it is in the face of the accused or by declaring it, and must give the accused sufficient opportunity to prepare his defense on this amendment in accordance with the provisions of the following article.
If the court finds out from the investigation what requires amending the description of the charge by applying a material of the law other than the required article, or amending the charge by increasing some facts to it or changing some of its elements, or introducing a defendant or other accused, the court may alert all opponents to this, and order the plaintiff to do what is required by the Amendment of the procedures, all investigative procedures required by this amendment are carried out.
The defendant may request that the case be adjourned to prepare his payment, and the court must answer his request if the amendment has included new facts.
If it considers that the interest of justice requires the case of the misdemeanour to be heard in both cases, or the misdemeanour case shall be referred to the misdemeanour court.
Court hearings are public, and the court may exclude a case in a private hearing if it is necessary for the truth to emerge or to observe public order and public morals. The judgement is always in public.
The court sessions must be attended by a clerk who edits the transcript of the hearing under the supervision of the president of the council, and shows in the minutes the names of the judges who make up the court, the venue of the hearing, the date and time of the hearing, the litigants present and their agents and all the procedures that take place in the session, and the testimonies you hear, The statements and requests of the litigants, the summary of their arguments, and the president of the session and the clerk sign the record.
The court shall be disciplined and administered by its president, and he may leave the courtroom to disturb its system or cause any harm to the trial or investigation proceedings.
If not, the court would immediately sentence him to 24 hours in prison or fined him 20 rupees, and the refore the ruling is not permissible.
The court may immediately sentence anyone who fails to carry out her orders to serve a maximum of one week in prison or a fine of up to 100 rupees.
The court, until before the end of the hearing, should reverse the judgment it issued on the basis of the previous two paragraphs, if the accused apologizes to her or does what he is asked to do.
The court shall try the person who falls during the hearing of an offence that is in its form or on one of its members or on an employee of the court, and immediately sentence him to punishment.
It may also try those who falsely testified at the hearing, or refrain from testifying, and eliminate the prescribed punishment.
The prosecution of these crimes is handled by the public prosecutor or any other person assigned to it by the court, and the court proceedings, otherwise, are conducted in accordance with normal rules.
If there is a crime other than the crimes stipulated in the previous articles, then the court if it does not consider referring the case to the competent investigating authority to charge the perpetrator, and to order his arrest or imprisonment, and to investigate the incident and hear witnesses, then order the referral of the accused, and to release him with a pledge of encouragement. He was placed with or without a guarantee, arrested, or imprisoned, depending on the circumstances, together with the record she had edited, to the competent court to try him, or to the same court if it was competent but at another hearing.
Opponents and their agents have the right to attend the trial sessions always, even if they are confidential, and none of them may be removed unless it is issued from it what is considered to be a breach of the prestige of the court or the system of the hearing or a disruption of the proceedings, and the opponent must not be removed from the hearing for more than necessary.
The court at any time may order the presence of any person in front of it, black was accused or not accused, if required by the investigative interest, and may order the arrest and bringing of the accused if it finds that the circumstances of the case require it.
If the witness fails to attend despite being officially assigned to attend at an appropriate time, without giving an acceptable excuse, the court may order his presence.
If the court, due to the absence of the accused, an adversary, a witness or any other reason, the case should be postponed or postponed to another hearing or hearing, it may order it and must alert the litigants and witnesses present and declare the absentees.
The court shall take a guarantee dissalonal commitment and without guarantee that opponents or witnesses will be present at the time it appoints.
It may order the imprisonment of the accused or the renewal of his imprisonment or release, in accordance with the rules set out in the following article.
The court may order the defendant to be remanded in custody pending the crime during the trial if the crime is punishable by imprisonment, and may order the renewal of his detention after the end of his term, whether she ordered his imprisonment or the decision was issued by the person referred to it.
The detention order or renewal of the court's detention shall be for a period of not more than thirty days, and the statements of the accused must be heard before it is issued.
The court will order the re-imprisonment of any accused who has been ordered to be released whenever there is an interest in the case.
The court ordered the release of the detained defendant if it found that the release did not cause any harm to the conduct of the investigation, and that there was no serious possibility of the accused escaping.
The release shall be based on a written undertaking of the accused to attend whenever he is asked to do so during the course of the case, and may be a non-bail undertaking, and may be conditional on the provision of a sponsor or payment of financial insurance.
This undertaking applies to guarantee or without guaranteeof the terms of the attendance pledge.
If the court finds that one of the proceedings of the case or investigation is fundamentally flawed, it may order its invalidation and return, or to order the correction of the defect that has been suffered whenever possible, and the procedure may not be declared invalid if the defect that has caused it does not result in any harm to the interests of justice or litigants.
The court shall rule that the criminal case submitted to it before an investigation or during the investigation is not admissibly accepted, if it finds that it has a fundamental formal defect that cannot be corrected or re-established.
The decision not to accept the case does not prevent the opponent from re-filing the suit when the legal requirements are available at the time of the re-entry.
Article 148 (amended by Law 9 of 1985 Article 1)
The prosecutor may ask the misdemeanour court to issue a criminal order to punish the accused for a misdemeanour punishable by a maximum of one year's imprisonment or a fine of not more than 500 dinars.
This is done by a petition with a statement that what is required is to decide on it by a criminal order, and attach to the petition all the papers and records of life for the charge.
The court decides on this request in the absence of the accused in a brief manner without the need for an investigation of the hearing, only to see the papers and the records of the investigation or investigation, but may not rule without a penalty of a fine that does not exceed 100 dinars.
The attorney general may ask the misdemeanour court to issue a criminal order punishing the accused for a misdemeanour that does not exceed the penalty of one year's imprisonment for the accused in a misdemeanour whose sentence does not exceed dinars.
This is done by a petition with a statement that what is required is to decide on it by a criminal order, and attach to the petition all the papers and records of life for the charge.
The court decides on this request in the absence of the accused in a brief manner without the need for an investigation of the hearing, only to see the papers and the records of the investigation or the investigation, but may not rule without the penalty of a fine that does not exceed 100 dinars.
When the application for the criminal order is submitted to the Misdemeanours Court, it may, if it considers it in the interest of any reason not to decide the case in a summary manner, to issue a restraining order and declare it to the plaintiff and therefore, if he sees the filing of the case. to resort to the normal way.
If you accept the adjudication of the case in this way, the order it issues in this regard is considered as a judgment in absentia for the accused, in terms of his authority and in terms of the methods of appeal.
3.3.3 – Investigation and evidence at the hearing
(150 – 174)
In the case of summary trial by criminal order, the criminal courts must themselves initiate the necessary procedures to investigate the cases they hear in accordance with the rules established later, and the provisions provided for in the preliminary investigation, which are complementary if there is no contrary provision.
The court shall instruct one of its members or an investigator to initiate a certain procedure of investigation, and its procedures are subject to the rules applicable to the trial proceedings.
The court is convinced of the evidence derived from its investigation into the case or from the pre-trial investigations, and is absolutely free to weigh evidence and form its conviction as its conscience suggests.
The judge may not rely on his personal information in his judgment.
It is permissible to include the records of pre-trial investigations in the case file and these records do not have authority in proving before the courts, but the court may use them as follows:
– To rely on them to extract justified or positive evidence to carry out a specific procedure of investigation.
– The elements derived from it should be used in the discussion of witnesses, experts or defendants.
– Call the investigator as a witness and discuss what he proved in the record after he was sworn in.
If a judge does some investigative procedures and does so in the record, and then succeeds him by another judge, then the successor may rely in his judgment on the actions of his predecessor. Backwards, on their own or at the request of an adversary, will repeat all or some of these procedures.
The accused attends or brings him if he is arrested or held without restrictions and the court may remove him from the hearing if it deems it necessary to maintain the system of the hearing or the confidentiality of the investigation.
The accused or other litigants may lodge an objection to the validity of the composition of the court or the formal trial proceedings, before speaking on the subject. The court must correct or order any formal error in the indictment or any other action if it can be corrected, at the request of an adversary or on its own.
The court charges the accused, reading it to him and explaining it to him. He then asks whether he is guilty or not, noting that he is not obliged to speak or answer and that his statements may be an argument against him.
If the accused ever pleads guilty, the court should hear his statements in detail and discuss them. If she is satisfied that the confession is correct, and finds that no further evidence is needed, she may dispense with all or some of the other investigative procedures and rule on the case. It may be investigated if any.
The confessions of the accused are limited to him only, and it is not considered a confession of the accused except those who are clearly express in committing the crime attributed to him with awareness, freedom and awareness, without requiring the fragmentation of his statements, interpretation or deletion of any of them.
Otherwise, the statements of the accused, whether in court or in the pre-trial investigation, are used as other statements of litigants or witnesses to the discretion of the court, and may draw from them evidence in the evidence or denial, whether for the accused or other defendants, even if it is necessary to interpret or break it down.
The statements of the accused in any investigation or trial are valid for evidence, for him or him in any other investigation or any other trial.
It is not permissible for the accused to be sworn in, to force him or force him to answer or to make certain statements by any means.
The silence of the accused or his failure to answer a question does not explain that he acknowledged something, and it is not correct to do so. Perjury should not be punished for the statements made in his own defence. But the court should draw from the defendant's failure to answer, or from the incorrect answer, what it sees as its conclusion.
If the court finds that the accused's statements or confessions were made as a result of torture or coercion, they should consider them invalid and have no value in proving.
This rule does not apply to the statements of the accused who has been offered amnesty in accordance with the following article.
If the crime is punishable by imprisonment for more than seven years or a more severe punishment and more than one person participated in it, and the investigation needs sufficient evidence against them or some of them, then the head of police and public security at the request of the Public Prosecution should grant an amnesty to anyone who thinks he has anything to do with the crime If he was accused of committing it on the condition that he provided sufficient information to arrest the other accused. The accused is considered a witness in this case, but he is not sworn in and may remain in custody.
The amnesty becomes effective and binding if the accused implements these conditions in good faith and the investigation is seriously assisted, in which case the criminal proceedings are not brought against him.
If it turns out that the accused who promised amnesty deliberately concealed some important facts, made statements he knew were false, or tried to mislead justice in any way, the pardon was considered null and void, in which case the statements of the accused that were issued from him, on the promise of amnesty, are taken as an argument.
If the accused pleads guilty or refuses to answer, the court must initiate an investigation, by hearing witnesses and experts and conducting what it deems necessary to examine and discuss evidence, in the order it deems appropriate.
This is as much as possible as follows: the plaintiff begins by stating the evidence that he wants to prove the conviction of the accused in a brief, and is read out by the plaintiff of civil rights, if any, and then requires witnesses to prove. The accused then briefly explains the facts that the witnesses of the exile called to prove, and the civil rights official, if any, follows him, and then interrogates the witnesses of the exile.
The court may require the accused in detail after the hearing of the witnesses, unless he requests that this be done at another time. It may ask him at any time what questions and clarifications are necessary, to enable him to clarify the circumstances against him.
The accused and other adversaries must all the time request to hear from witnesses, and to request a specific procedure of investigation. The court will respond to this request if it finds that it has a leader in the investigation, and may reject the request if it finds that its purpose is procrastination, maliciousor or misinformation, or that it is useless to answer it to him.
The court itself may declare any witness who deems it necessary to hear his statement or see the need to re-ask him, as it may hear any person present or any witness who attends on his own if it finds that it is in the interest of the investigation.
Anyone who is invited to testify by the investigator or the court must attend at the specified time and place, take an oath, and answer the questions addressed to him. If he refrains from doing so without an excuse accepted by the court, he is considered guilty of the crime of failing to testify.
If it is established that the witness has made statements that he knows are not true, he will be punished for the crime of perjury.
The victim's witness judgments apply in this regard.
The witness is obliged to take an oath, if he is sane and 14 years old, whether the witness is young, or has a serious illness or impairment that makes understanding with him unpossible or unguaranteed the results, then he is not allowed to be sworn in and his statements are not considered testimony. But if the court finds that it is useful to hear it as a matter of appeal, then it may use the movements or signals that can be understood with such people, and to use the people with whom they can understand.
The court hears the witnesses of the evidence and directs them to the questions it sees, and then the plaintiff questions them, the plaintiff of civil rights, if any, and the accused, and the civil rights official, if any, discuss them afterwards. They may be discussed again, from the court, the plaintiff and the civil plaintiff, with a view to clarifying the facts about which they testified in their answers about the defendant's question and the civil rights official. The court then hears the witnesses of the exile, and directs them to the questions they see, and then the accused questions them, who is responsible for civil rights if any.
The plaintiff, and the plaintiff of civil rights, if any, discuss them afterwards, and may discuss them again, from the court, the accused and the civil rights official, with the intention of clarifying the facts about which they testified in their answers to the questions of the plaintiff and the plaintiff of civil rights.
The court prohibits any question that it considers to be related to the case, or that it is useless, or that it is an attempt to influence the witness or suggest to him, as well as to ask any incoming or immoral question if it is not related to the facts on which the adjudication of the case depends, and the court should protect witnesses from all An attempt to terrorize them, or confuse them, when testifying.
The court, if it finds it necessary to move to the place where the crime was committed or anywhere else to conduct a examination, or to hear a witness who cannot attend, or to do any other work of investigation, order it, and enable the opponents to come with her in this transition.
Instead, it may assign one of its members or an investigator to carry out the procedure on the terms it appoints, and depends on the record it edits. This procedure applies to the judge or the investigator of the rules that apply to the court proceedings.
The court may order anyone to submit something in his possession if it is in the interest of the investigation, and may order the seizure of anything related to the case or useful in its investigation.
The court, if he presents her with a document or anything else during the trial, orders that he be kept until the case is decided.
The court may use an expert to sing it to express an opinion on a technical matter related to the case, and the expert submits a written report to the court in his opinion. Each of the litigants has to submit an advisory report from an expert on the same issue.
If the accused or one of the witnesses is not familiar with Arabic, the court should use an interpreter to understand the accused's statements and what is going on in the hearing and apply to the translators the judgments of the experts.
If it is proven that one of them has been killed in his right, he will be punished with the punishment of a false witness.
Each of the litigants may submit to the court written notes in his defense, including in the case file. At the end of the investigation, the court hears the plaintiff's civil rights case, then the defendant or his agent and the civil rights official's case.
The plaintiff and the plaintiff of the civil right must follow the statements of the accused and the civil rights official, provided that the accused and the civil rights officer shall be allowed to respond, and the accused will always be the last to speak.
After the investigation and the case is completed, the court shall issue its verdict of innocence or punishment, and in both cases it decides on the request for compensation submitted by the civil plaintiff.
If the court finds that the charge is fixed and has not examined the circumstances calling for the reduction or aggravating of the sentence, the court may issue a conviction. The statements of both the plaintiff and the accused about the assessment of the punishment are then heard, as well as witnesses to the defendant's biography if requested and there is a justification for his answer to this request, and then a sentence of the sentence to be imposed on the accused.
3.4. Sentences, effects, challenges and implementation
(173 – 266)
3.4.1 – Images and effects of sentences
(173 – 233)
The provisions of the Civil and Commercial Liftings Act apply in cases where the judge is not fit to hear the case, and in cases where the judge may be dismissed and in the proceedings followed in his reply.
The members of the court discuss the verdict before issuing it and each of them expresses their opinion in a secret deliberation, and the verdict is issued by a majority, if the majority is not available and opinions are divided into more than two opinions, the newest judges must join one of the other opinions.
The ruling must be based on the reasons on which it was built, otherwise it would be invalid. The ruling includes a statement of the court that issued it, the date and place of its issuance, the judges who participated in the judgment, the litigants, the crime in question, the text of the requests, defense or defences submitted by the litigants, and the summary of the factual evidence and legal arguments, and the stages of the case and then mentioned the reasons. B judgment and spoken.
The draft provision, which contains a spoken word and its reasons, is preserved in the file, and does not give pictures. However, until the original version of the judgement has been completed, the opponents may see it.
The President of the Court pronounces the verdict in a public hearing and is recited by his own words.
The judges who participated in the verdict must be present and read it, so if there is a objection to one of them, then he must sign his draft, and if he pronounces the verdict after the pleading, then his draft, which contains its reasons, must be deposited signed by the president and the judges and indicated by the date of its filing, within seven days of the day of the judgment, then The verdict was delivered, in a hearing other than the hearing, and his draft must be filed after the verdict.
The presiding judge and the author shall sign the original copy of the judgment containing the facts of the case, the reasons and the operative, and keep it in the file of the case, within three days of filing the draft.
When the court pronounces the verdict, it is not permissible to change anything in it, unless it is merely correcting a written error.
Each judgment is given an official copy of it to both the accused and the plaintiff, without fees and the image is handed over to the opponents in person, and officially announced to those who order the court to declare them.
Anyone with an interest may request that he be handed over an official copy of the judgment or the minutes of the hearing, after paying the scheduled fee and the president of the court that issued the judgment is judged, and the president may therefore exempt the student from paying the fee if he deems a justification for it.
The court that rules on the matter must decide on the pending claims of the seized items, and may refer the dispute to the competent civil court if it deems it necessary. The court may act on the seizures by an independent decision during the proceedings.
The disposal of seizures shall be ordered to be handed over to a particular person, whether or not they are party to the case, or to confiscate them for the government or to destroy them.
The order issued to dispose of the seized items as set out in the previous article may not be executed, if the judgment in the case can be appealed, until after the expiry of the appeal date or after a final judgment has been issued in the matter if the appeal was filed on time, and this is not what the seized items are pleased. It's damaged.
However, if ordered to hand over the seized items to a particular person, the court may hand over them immediately, with a pledge, on bail or without bail. To return the things you receive if he doesn't support the order under which he delivers the things.
If a person is found guilty of theft or concealment of stolen money and it is proved that another person bought the stolen money from him without knowing that he had stolen it and had no reason to believe it, and had money in the possession of the convicted person seized at the time of his arrest, the court may at the buyer's request, and at the time of the order Refund the stolen money to the right to own it, order the buyer to hand over the seized money to the extent that it pays.
If the offence is pending in possession of a property and the court decides to remove it from his hand and keep it at its disposal during the hearing of the case, then it may order that he be placed in custody, and remains so as long as the reservation is necessary for investigation.
If a person is convicted of a crime accompanied by the use of force, and the court finds that a person has been stripped of possession of a property for such force, the court may order the return of the property to the possession of the one who has been raped, without infringed the rights of others on the property.
Once a verdict has been issued in the subject of the criminal case of innocence or conviction in relation to a particular accused, it is no longer permissible to file another criminal case against this accused for the same acts or facts for which the verdict was issued, even if he gave her another description, taking into account the provisions contained in the following articles.
If a criminal case is filed, it is permissible to uphold the previous ruling in any case in which the case was, even before the court of appeal, and the court must take that into account even if the litigants do not comply with it, and prove the previous ruling by submitting an official copy of it or a certificate from the court of its issuance.
If a verdict is issued for a particular crime, then it turns out that the acts that constitute this crime are another crime because of the new findings, it is permissible to file a lawsuit for the new crime if these results occurred after the first judgment, or occurred before the verdict was issued but the court did not know about them.
In the case provided for in the previous article, if the first sentence was handed down with a penalty, the court must take that into account if it sentences the penalty in the new case.
3.4.2 – Opposition and Appeal
(187 – 243)
18.104.22.168 – Opposition
(187 – 198)
The opposition may be sentenced in absentia for misdemeanours and felonies, and the opposition is before the court that issued the verdict in absentia.
The opposition dates one week and begins in misdemeanours from the date of the announcement of the sentence in absentia of the convicted, but in felonies it is the date of the arrest of the convict edifying himself. If this date passes without the convict's opposition, an appeal can only be appealed if it is possible.
The verdict shall be announced in absentia to the person who is sentenced, if this is not possible to hand over the declaration in his place of residence to his relatives or the authenticity of the residents with him or to his followers. If none of them, or whoever is found, does not receive the declaration, the declaration will be published in the Official Gazette and affixed in prominent places in the area where it is located, in a prominent place of his place of residence or work, and wherever he sees it.
The opposition submits a petition submitted to the registry of the court that issued the verdict, and signs the petition against the convictor or his or her behalf.
The opposition petition includes a full statement of dissenting judgment, the case against which it was issued, the reasons on which the opposition is based, and the requests it makes.
The president of the court that issued the ruling must order a hearing for the opposition, and the pen of the book shall declare on his own the convicted and other litigants by the time of this hearing, as well as declare on his own the petition of opposition to other opponents.
If the convict dies before the end of the opposition date, or before the dismissal of the opposition, his death will result in the fall of the trial sentence and the expiry of the criminal case before him.
If the opposition is absent in the first session of the opposition's consideration, the court ruled that the opposition was not. In the case of the possibility of appeal, the date shall be valid from the time this sentence is issued.
The court stipulates that the opposition will not accept its lifting after the deadline, the lack of the status of its lifter, or any other fundamental formal defect. It may rule against admission during the hearing of the case if the reason is not revealed until after the start of the proceedings.
If the court finds that the opposition is acceptable in form, you hear the opposition's statements, requests and the response of the opponents.
If the opponent requests to hear witnesses or conduct an investigation, the court may hear these witnesses or others who see their testimony heard, and do whatever they deem necessary.
The court upheld the verdict in absentia if it found the opposition to be groundless and that the ruling was correct in form and substance.
The court shall rule in absentia if it finds an objective defect or a formal defect that cannot be corrected, or finds it to be against the law, whether the opponent has upheld these defects or the court has observed them on its own.
The opposition may not be harmful to the opposition, it is permissible to overturn the sentence in absentia and to be acquitted, and the sentence in absentia may be amended and the penalty is reduced, but this penalty may not be increased.
The ruling issued by the opposition is not permissible in opposition, and it may be appealed only if it is issued in a misdemeanour in which the sentence may not be appealed.
22.214.171.124 – Appeal
(199 – 213)
It is permissible to appeal any verdict issued in the first instance, acquitted or convicted by the misdemeanour court or the criminal court, whether the sentence is issued in absentia, or issued in absentia and the time has expired without being opposed, or issued in opposition in a ruling in absentia.
The sentences handed down in civil proceedings by the criminal courts may be appealed if they may be appealed if they are issued by the civil courts, or they have been appealed following the appeal of the sentence issued in the criminal case.
Article 200 bis introduced on 06/07/2003 added under Law 73 of 2003
For both the Attorney General or his or her devolved public defender on his own, or at the request of the public prosecutor, and the convicted civil rights officer or its plaintiff to challenge the sentences of the Court of Misdemeanours appealed to the sentence of imprisonment, before the Supreme Court of Appeal – with a discrimination body – according to For cases, dates and procedures to challenge discrimination and criminal appeals provided for in laws 17 of 1960 and (40) of 1972 and decree law No. (38) of 1980 referred to.
The judgements are not subject to appeal to the Court of Cassation.
The date of appeal is 20 days from the date of sentencing if the verdict is in absentia or issued in opposition, and from the date of its becoming an opposition if it is in absentia.
The appeal is filed with a petition submitted to the registry of the court that issued the verdict, and the petition is signed by the appealing opponent or his behalf. If the accused is in custody, he lodges an appeal brokered by the warden.
The appeal includes a full statement of the appellant's judgment, the case against which it was issued, the appellant's prescription against him, the reasons for which the appellant is based, and the applications he has made.
The pen of the book must refer the appeal file with the case file to the competent court for the hearing of the appeal, within a period of not more than three days.
The president of the court competent to hear the appeal, when the appeal and the case file is received, shall order the determination of a hearing for the appeal, and the registry of this court shall declare on its own the appealed adversary and other litigants by the time of this hearing, as well as the appeal of the other litigants.
If one of the litigants does not attend the hearing of the appeal, the court may dismiss his presence, and decide on the appeal in his absence if he does not have an acceptable excuse, and does not have the right of the opposition to this ruling, and may postpone the appeal hearing to another hearing, and order the re-declaration of the absent opponent. Or arrest him and bring him in if necessary.
If the absent person is the appellant, the court may consider his absence to be a result of his appeal, and rule that the appeal should be considered as if it were not.
If the accused death sentence dies before the date of appeal expires, or before the decision on the appeal filed against him, the death will result in the fall of the initial sentence and the expiry of the criminal case before him.
The court will investigate by not accepting the appeal for its appeal after the holidays, or for lack of leveraged character, or for any other formal defect that is substantial and may rule against acceptance during the hearing of the case, if the defect is not revealed to it until after the start of it.
If the court finds the appeal to be admissibial in form, the appellant's statements and requests are heard and the appellant responds against him and other litigants she sees.
If the appellant requests to hear witnesses or conduct an investigation, the court may hear these witnesses or others who see their testimony heard, and do whatever they deem necessary.
The court upheld the trial if it found the appeal to be groundless and that the verdict was correct in form and substance.
If the judgment or the previous procedures have a formal defect that can be corrected, the court should correct this defect, and rule that the judgment is upheld in relation to the matter, if what it has concluded is correct in this respect. If the conviction is in place, the court may amend the sentence.
The court will rule on the annulment of the appealed judgment, if it finds an objective defect or a formal defect that cannot be corrected, or finds it to be against the law, whether the appellant has upheld these defects or the court has observed them on its own. In this case, it must issue a new judgement in the case, without complying with anything in the trial judgement.
The sentence handed down on appeal is not permissible to oppose.
Each sentence issued by the Criminal Court of the death penalty shall be referred by the court on its own to the Supreme Court of Appeal, and the referral shall be within one month of the date of the judgement if it has not been appealed by the convicted person.
The Supreme Court of Appeal, in this case, exercises all the rights it has in the process of appeal.
All orders and actions carried out by the police, investigator or court regarding the proceedings of the case or investigation may be appealed either to the issued or to the trial court at the time of the hearing of the case. Until a final judgment is issued, this appeal is not considered an appeal, and it does not comply with a specific date or procedures.
The complainant is not obliged to rule on it by an independent decision, and the court's silence on the answer to these grievances in the substantive judgment is an implicit rejection of it, and an acknowledgement of the validity of the proceedings complained of.
If an appeal is lodged or lodged by the accused alone, it is not permissible to appeal or appeal to him.
3.4.3 – Execution of sentences
(214 – 266)
126.96.36.199 – Execution of sentences
(214 – 216)
Sentences handed down by criminal courts may only be implemented if they become final.
Li said the court may order that the initial sentence be made covered by immediate force, in accordance with the rules established by this law.
If the accused is in custody in custody, and a preliminary verdict of innocence, fine or suspended imprisonment is issued, he should be released immediately.
The accused, who was initially sentenced to a prison sentence, must be released if he has served in pretrial detention for a period equivalent to the sentence.
The president of the court that issued the sentence to enforce this ruling sends this ruling to the initiator of the criminal case, and this body must send it to the police and public security to take measures to implement the judgment and notify the president of the court that issued the judgment when the execution procedures are carried out.
The president of the court should be notified of the reasons for the delay if the implementation is delayed for more than one week from the date of the judgment.
Article 216 bis 1
The implementation of the sentences, decisions or orders issued to deposit in sanatoriums, treatment shelters, social welfare institutions or any other preventive or therapeutic measure shall not prejudice the powers established by the competent administrative authority under articles 16, 17, 18, 19, 21 of Law No. 17 of 1959 in relation to the establishment of Foreign.
188.8.131.52 – Execution
(217 – 218)
Any death sentence may not be carried out until the prince has ratified it, and the convict is placed in prison until the prince issues his decision to approve, commute or pardon.
If the prince approves the verdict, the president of the court orders his execution, the prosecutor or his investigators supervise the execution, and carry out the execution by hanging or firing squad.
If a woman sentenced to death is found to be pregnant and has her unborn child alive, the execution must be suspended, and the order is submitted to the court, which sentenced him to life imprisonment.
184.108.40.206 – Execution of a prison sentence
(219 – 227)
The court, which has issued a preliminary prison sentence, as well as the court to which it has appealed the sentence, may order its immediate execution or charge the convict with personal or financial bail if he is not afraid to flee.
If the convicted person is remanded in custody at the time of the trial verdict, the trial verdict is carried out immediately, unless the court that issued the verdict or the court to which he appealed orders the release of the convict in exchange for personal, financial or non-bail bail if he is not afraid. He's running away.
If the court that issued the trial order ordered its immediate execution, the court of appeal at any time during the proceedings before it may release the convicted person at his request, in exchange for personal, financial or non-bail if he does not fear his escape.
If the person sentenced to a prison sentence has served a period of pretrial detention pending the case in which the sentence was handed down, the period of pretrial detention must be deducted from the period of imprisonment when it is carried out.
If multiple sentences are handed down to one accused, the penalties for imprisonment with employment are carried out before the penalties of simple imprisonment, and the penalties are carried out in the two cases respectively after the end of the other, in order to be issued. The court may, however, order the intervention of the execution of a sentence in the execution of another sentence, and all of these sentences must not exceed 20 years.
Li, it is not permissible to order to interfere in the execution of the sentences, as a prison sentence has been handed down for an offence committed during the execution of a previous prison sentence, in which case the total amount of sentences carried out may exceed 20 years.
If one of the sentences imposed is death or life imprisonment, it is carried out alone.
The prison administration carries out the prison sentences by written order of the police and public security based on the notification received from the competent authority and attached to the copy of the sentence. The order is issued to the warden of the prison where the execution will take place, and he must keep it with the sentence in the file of the prison sentence.
Neither the warden nor any officer responsible for it may be allowed to enter a prisoner in it except on the basis of a written detention order from a competent authority or a court ruling attached to the execution order. A prisoner may not be held for more than a year in prison or in any case.
Each prisoner shall have a file in which the orders of imprisonment and release are kept and all the papers relating to the prisoner, as well as the date of his admission to the prison and the date on which he is due to leave, and then the date on which he actually went out.
The prison has a book showing the names of the prisoners and in front of each of them the data referred to.
A person may not be arrested or imprisoned except by a valid order issued by the competent authority, and by the conditions and procedures stipulated in the law.
A prisoner may not be placed in a non-designated prison under applicable laws and regulations.
If the investigator is notified that a person has been arrested without right, he must immediately initiate an investigation and move to the shop where the detained person is located and release him, and the kidnapped person is considered in the sentence of the arrested, as well as the young one if he has been illegally removed from his legal guardian or who is in charge of his care.
In all these cases, it is not permissible to delay taking the necessary measures to reward those responsible for this criminally.
220.127.116.11 – Execution of a fine and confiscation
(228 – 237)
The court may, on its own, when awarding a fine to the accused to allocate all or a penalty to meet the expenses of the case, and then to compensate the victim or his heirs or to compensate the well-meaning holder for the price and what he spent on the order to refund it.
If one of them then files a compensation claim before the civil court, the court must take into account the amount of the fine he received when assessing the compensation.
If a person is remanded in custody and is only fined, it must be reduced at the time of execution of 10 rupees for each of the said days of detention.
If he is sentenced to both imprisonment and a fine, and the period he has served in pretrial detention exceeds the period of imprisonment, the amount of the said amount must be reduced for each day of increase.
Article 230 (amended by Law 9 of 1985 Article 1)
If the convict does not pay the fine, the man shall be forced to perform his or her property by way of force. The head of the police and public security or the president of the court that issued the sentence if the convict requested it, and his financial situation justified the acceptance of the request, to order the installment of the amount sentenced in installments or to postpone it in a reasonable time, provided that the payment of the entire fine should not be delayed for one year if it does not exceed forty dinars and About two years if you go over it.
If the convict does not pay the fine, the man shall be forced to perform his or her property by way of force. The head of the police and public security or the president of the court that issued the sentence if the convict requested it, and his financial condition justified the acceptance of the request, to order the installment of the amount in installments or to postpone it in a reasonable time, provided that the payment of the entire fine should not be delayed for one year if it does not exceed forty rupees and About two years if you go over it.
If the convicted person is unable to pay the fine, or is short in carrying out the sentence of the fine for the period specified in the previous article for any reason, the head of police and public security should assign the public prosecutor or investigator to submit the matter to the president of the court that issued the sentence to order what he sees. Oh, according to the following rules.
The president of the court that issued the fine to order the execution of the fine by physical coercion, and carry out the physical coercion of simple imprisonment and the duration of the duration is estimated to be one day for every ten rupees, with the dismissal of 6 regardless of the fractions. The length of detention may not exceed six months.
The president of the court before or after the order of physical coercion shall grant the convicted person, at his request, a period of payment or order the payment in installments, when he considers that the circumstances of the convicted person justify it, and in this case he may order the signing of a guaranteed undertaking to a sponsor if he deems it necessary to do so.
If the execution has begun with physical coercion, the president of the court has issued a decision to release the convicted person when he agrees to give him time or installments.
If he is sentenced to imprisonment and a fine, it is not permitted to carry out the fine with physical coercion until the convict has completed the sentence.
A person sentenced to simple imprisonment of not more than six months, or for those who have been ordered to carry out a fine with physical coercion, may ask the prison director to replace work for the government in prison.
The duration of work does not exceed seven hours a day, and each working day is considered equivalent to one day of imprisonment and if the convicted person fails to attend is imposed by work, the prison director may issue an order to cancel his employment and carry out the remaining period of imprisonment or physical coercion.
The convict is acquitted of the fine to a extent commensurate with the length of time of imprisonment he spent in physical coercion or working for the government, and it is permissible to demand what remains in his sentence, and collect it by executing his money at any time.
If it is ordered to confiscate something that has become the property of the state, the court, the head of the police and public security or the attorney general may order the destruction of the confiscated items, or sell them by auction or practice, or hand them over to a government agency for use within the limits of the laws and their destruction may be obligatory if stipulated in the law. M.
18.104.22.168 – Amnesty and Reconciliation
(238 – 243)
The Prince shall at any time issue a blanket amnesty for a certain crime or crimes. This amnesty is regarded as a verdict of innocence, and entails the revocation of all previous procedures and sentences against him and opposition to his ruling, and does not prevent a blanket amnesty for criminality from claiming civil compensation.
After a sentence has been handed down against a particular person and before the execution of this sentence or during the execution, the prince may issue an order to pardon, reduce or replace the sentence with a lighter sentence.
Amnesty does not result in the revocation of the sentence, but it shall change the type, amount or amount of the sentence as if it were carried out.
In crimes in which a complaint is required to be filed by the victim, as well as for the crimes of injury and infringement, which do not exceed the penalty of five years' imprisonment, crimes of violation of the property of the king, vandalism, destruction of individual property, threats and extortion of money by threat, the victim may Pardon the accused or reconcile with him on money before or after the verdict.
The terms of the complaint apply in terms of form and eligibility for reconciliation.
The consequences of an individual reconciliation or pardon have implications for the acquittal, but in other crimes where the victim's complaint is required, the individual reconciliation or pardon does not have any effect except with the consent of the court.
If the victim wishes to pardon the convicted person or reconcile with him after a final conviction, he submits an application to the court that issued the sentence for consideration in accordance with the aforementioned rulings.
If there are multiple victims in a crime, and some of them are pardoned or reconciled, it will have no effect unless the rest approves it, or if the court approves it despite their opposition if it is found to be arbitrary opposition.
If the victim of the crime is incomplete or absent, his legal ity should be served by him in the reconciliation with the accused or in pardoning him.
If the imperfect or absent person is not a legitimate guardian, the court that has the case, at the request of an interest, may issue permission to a relative of the victim, the defendant or the public prosecutor to act on his behalf in the direct right of reconciliation.
22.214.171.124 – Reconsideration
(244 – 250)
Each sentence shall be punished until the convict is recovered by law or by judicial decision.
The legal or judicial reconsideration entails the removal of the conviction for the future and the disappearance of all its criminal consequences, but it has no effect on the rights of others.
The person sentenced must be considered by law when the legal period has expired after the execution of the sentence, pardoned or the statute of limitations.
The time required for legal reconsideration is 10 years if the penalty exceeds three years' imprisonment and a fine of 3,000 rupees and five years if the penalty does not exceed that.
The Supreme Court of Appeal may issue a decision to restore the sentence to the convict edict at his request, once the following conditions are met:
The sentence shall have been carried out, pardoned or waived by statute of limitations.
– Must have passed from the date of full execution or the issuance of the amnesty or the expiry of the statute of limitations of five years for the penalty exceeding three years imprisonment and a fine of 3,000 rupees, and three years for the penalty not more than that.
The convict must have improved his biography.
If the convict has been released under a condition, the period required for legal or judicial reconsideration has not begun until the date on which the final release may not be cancelled.
If the convict has been sentenced to multiple sentences, it is not considered law or justice unless the time limit is met for the rehabilitation of all sentences imposed on him.
Judicial reconsideration is provided to the chief of police and public security, including the necessary statements in the appeals, with the addition of data on where he has resided during the period of rehabilitation. The head of police and public security must assign an investigator to conduct an investigation to verify the good conduct of the convicted person and his integrity during this period and then forward the application to the president of the Supreme Court of Appeal with a report indicating his opinion.
The President of the Supreme Court of Appeal must submit the request to her in the deliberation room, and if she considers that she may conduct an investigation or order it, then issue a decision to accept or reject the application, and this decision may not be appealed.
It is permissible to sentence the judicial rehabilitation of the convicted person only once.