The draft penal system deals with many types of crimes that require hudud and retaliation, and punitive crimes and penalties in accordance with its provisions and other regulations.
The system included specific general principles for hadd punishments, retaliation, crimes and punitive punishments to ensure justice and clarity of the provisions of the system in general.
The system stipulates that the provisions of Islamic Sharia apply to the crimes that require hudud and retaliation, and also determines the punishable crimes and penalties in accordance with the provisions of this system and other regulations.
The system emphasized that there is no disciplinary offense or punishment except on the basis of a statutory text, and that no person may be punished for a crime committed by others. The right to defense in accordance with the law provisions.
The provisions of the system included that it is not permissible to pass judgment on the penalties provided by law without determining what the litigants owe in terms of restitution, compensation, expenses and any other rights.
Validity of the system in terms of time
The law applies to the crime at the time of its occurrence, and in determining it, the time at which the conduct occurred will be taken into account without regard to the time of the consequence.
The text is considered more appropriate for the accused if it makes the conduct unpunished, reduces the extent of the crime, determines for him an alternative punishment, or is less than the punishment prescribed in the previous text, or the extent of the punishment limited. It can separate from them and does not apply to the lighter provision with retroactive force.
The execution of the sentence will also be suspended and the criminal consequences thereof will end in the event that a statutory text is issued making the conduct unpunished. .
type of crime
The provisions of the Act apply to anyone who commits conduct outside the Kingdom that makes him a participant in a crime against the state’s external or internal security or against his system, his legally authorized financial connections, his national economy , or its missions abroad, or crimes of bribery, segregation, appropriation and damage to public money.
It also applies to the offenses of forgery and imitation of documents, stamps or marks attributed to a public authority or one of its employees in its functional capacity, or to a person of international law or one of its employees in its functional capacity , government stamps, commercial or financial papers, insurance documents or bank papers. It also applies to counterfeiting, counterfeiting, lawful circulation of money within or outside the Kingdom, bringing it, issuing it, handling it, or promoting it.
The system emphasized that its provisions apply to anyone found within the Kingdom after committing conduct outside it which makes him a participant in the crime of sabotage or disruption of the international means of communication, the crimes of trade in drugs and psychotropic drugs or persons, crimes of piracy or international terrorism or the financing thereof, or money laundering crimes, or the sale of children and their exploitation in prostitution and pornography, or their involvement in armed conflicts, or any crime determined in ‘ an international instrument to which the Kingdom is bound.
division of crimes
Crimes are divided into crimes and offenses, where crimes include retaliation or hadd-penalties, except for intoxication, libel, fornication, murder, life imprisonment and temporary imprisonment of which the maximum limit exceeds 3 years.
Crimes include intoxication, libel, fornication, temporary imprisonment for which the maximum limit is more than 3 years, and the penalties provided for in this system.
The provisions stipulate that the type of crime does not change in the event that the court replaces the punishment prescribed for it with a punishment of a lighter or heavier type, unless the law provides otherwise.
Original actor and partner
The original offender is the one who committed the crime alone or with others, as it is known as the person who intentionally committed one of the acts that constitute the crime, if it consists of a group of acts, and who he did, can be seen as an attempt to commit the crime, as he is known as the person who was present during the crime. The crime is committed or any conduct which constitutes it, and he has had a role in the commission thereof, or whoever has mocked a criminally irresponsible or bona fide person, animal, or machine, to carry out the conduct which constitute the crime, or compel a person to commit that conduct.
While the partner is defined as the one who incited the commission of the crime and it took place on the basis of this incitement, and whoever agreed with others to commit it and it took place on the basis of this agreement, or who also deliberately assisted the offender by giving him a weapon, machine or anything used to commit the crime, or assisted him in any other way in committing the crime Acts committing the commission of the prepare, facilitate or supplement crime with his knowledge of it.
The partner will be punished with life imprisonment if the punishment prescribed for the crime is murder, or temporary imprisonment for a period of not less than 7 years if the prescribed punishment for the crime is life imprisonment, or imprisonment for a period of not more than half of the maximum limit if the prescribed punishment for the crime is temporary imprisonment.
In all cases, the fine to which the partner is subject will not exceed the maximum fine prescribed for the crime.
The provisions of the system stipulate that there is no crime to commit the conduct in the exercise of a right established in accordance with Islamic Sharia or the regulations, provided that the perpetrator of the conduct is in good faith and at the limits of this right. .
Cases of the use of the law include surgery and medicine in accordance with the scientific principles recognized in the medical profession, acts of violence that take place during the practice of sport within the limits set for gambling, taking into account the rules of caution and caution, and acts of violence perpetrated by the public against those who commit a crime in flagrant delicto with the intent to arrest and surrender him.The competent authority, in addition to the litigation of some of the litigants during the oral or written defense before the inquiry or judicial authorities, within the limits required by the defense.
It also provides that there is no crime in committing the conduct of a public official or the like in the event that it is in execution of an order of a superior that he must obey, or if he deems it obligatory for him, to implement regulations or in good faith believe that their implementation is within his competence.
The right to a legal defense is established if the defender faces an immediate or imminent danger of a crime against himself, his honor, his money, the soul of others, his honor or his money, or if the defender does not able to address him to the public. authorities to avoid the danger in a timely manner, or if the defense is necessary to repel the attack and be in proportion to it.
The law of legal defense does not permit intentional killing, except in the case of an act feared to result in death, disability or serious injury if that fear has reasonable grounds, or sexual intercourse and indecent assault without consent, or attempt to abduct any of them, or abduct a person, or haunt a house at night
The principal punishments are divided into murder, imprisonment and a fine, while the secondary punishments are removal from office, deprivation of a public office, dismissal of the guardian or trustee or the like, deportation of the foreigner, publication of the summary of the final judgment, confiscation, permanent or temporary closure of the Website, and placement under Security Monitoring.
While the penalties against the juristic person include permanent or temporary prohibition to engage in a certain activity, to place under judicial custody for a period not exceeding 5 years, prohibition to deal with state agencies for a period not exceeding 5 years, the publication of a summary of the final judgment, and confiscation.
Alternative penalties include the restriction of digital freedom, the introduction of a public social service, house arrest, a ban on moving to a specific place, the provision of a financial guarantee, the ban on communication with certain persons or entities , the attendance of educational or training programs, the prohibition of accommodation in a specific place, and the restriction of accommodation with a specific spatial scope, and the alienation of the alien.
Apologies for mitigating penalties
According to the system, excuses for mitigation of punishment include that the offender is 18 years old and has not yet reached 22, or has reached the age of 70, or serious provocation if it is unfairly issued by the victim, or repair of the damage resulting therefrom . of the crime, or the exceeding of the permissible limits in good faith Or the occurrence of a crime out of a lack of awareness or will, or which is mentioned in a special text.
Crimes affecting human life and body safety, such as murder, contributing to suicide and assaulting the integrity of the body, include crimes against human freedom and sanctity, kidnapping, detention, threatening and threatening danger, and violating the sanctity of the home and private property.
While crimes of public danger include assault on means of transportation, assault on public facilities, antiquities, environment and public health and fire, crimes of assault displayed and violation of public morals include rape, illegal sexual relations, harassment, indecent and immoral conduct, pimping, prostitution and debauchery, slander, and the disclosure of secrets.
In addition to crimes related to organized crime, the provisions of the system also deal with crimes against society, which include contempt for religious symbols and rituals, societal crimes, witchcraft and charlatanism, crimes against family and children, and beggars, while crimes against Assault on funds includes theft, fraud, breach of trust and concealment of property. Proceeds from crime, gambling, commercial fraud, trademark crimes and checks.
While the crimes against public trust include counterfeiting and use of money, and counterfeiting, as well as crimes against public office and public money, imitation of official positions and characteristics, assault on employees, embezzlement, seizure and damage to public money, damage to workflow, abuse of office, abuse of authority and bribery.
Crimes that violate the course of justice include perjury, influencing the judiciary, refraining from reporting crimes and false reporting, disrupting court proceedings, breaking seals and destroying stored objects, and escaping. and assistance from the convicts and prisoners.
The system also deals with the crimes of damaging funds, transmitting boundary signs, animal cruelty, information crimes and animal cruelty.