in absentia. The Attorney General and the competent court may, upon hearing an
extension of the pre-trial detention should it be decided to release an accused in a
felony or misdemeanor punishable by imprisonment, and where it is in the interest of
the investigation to bar him/her from traveling abroad, issue an order banning him/
her from travel. The accused may file a grievance against the travel ban order before
the High Criminal Court held in the Consultation Room. If his/her grievance is rejected,
he/she may file a new grievance every month after the date on which the grievance
is rejected, unless the case is referred to the court having jurisdiction over it, in which
case the travel ban order or its cancellation becomes within its jurisdiction”. The NIHR
concluded that it agrees with the proposed amendment to the provision of Article (159) as stated
in the proposed law; however, it recommends providing for a specified service time whereby the
person against whom the travel ban order was issued in absentia is served, to give effect to his/
her right to an effective complaint.
7. Article No. (273) of the proposed law stipulates that, “The Public Prosecution may, in respect
of misdemeanors for which the law does not provide for a penalty of imprisonment or
a minimum fine of more than two thousand dinars, if it deems that it is sufficient for
the crime, in light of its circumstances, to be punishable with a fine not exceeding two
thousand dinars, in addition to the supplementary and joint penalties, the amount to be
reimbursed and legal expenses, ask the judge of the Lower Court that has jurisdiction
to hear the case to inflict a penalty upon the accused by an order he issues on the basis
of a petition, which relies upon the minutes of the collection of evidence or other kinds
of evidence without conducting an investigation or hearing any pleadings.” Article (274)
stipulates that, “For a penal order, a ruling shall only be limited to a fine of not more than
two thousand dinars, supplementary and joint penalties, amounts to be reimbursed,
and legal expenses; and it may pass a judgment of acquittal, dismissal of the civil
action, or a stay of the execution”. The NIHR concluded that it agrees with the proposed
amendments to the provisions of Articles (273) and (274) as stated in the proposed law, as they
are consistent with the provisions of international and regional human rights instruments.
8. The first paragraph of Article (277) of the proposed law stipulates that, “The Public Prosecution
and the remaining litigants shall be entitled to challenge the criminal order by virtue
of a report to be filed with the Court Clerks’ Office within seven days from the date of
issuing the order in respect of the Public Prosecution and from the date of service of
notice thereof with respect to the remaining litigants. Such report shall have the effect
of the lapse of the order and shall become null and void and have no effect”. The NIHR
concluded that it agrees with the proposed amendment to the text of the first paragraph of Article
(277) as stated in the proposed law, as it is in line with the provisions of international and
regional human rights instruments.
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