9.
The first paragraph of Article (327) of the propose law stipulates that, “Upon passing a
judgment in absentia to imprisonment or a prison sentence for a period of one month
or more, the Court may order, at the request of the Public Prosecution, the arrest and
detention of the accused.” The NIHR supported the retention of the text of the first paragraph
of Article (327) as stated in the original version of the Law, as it is consistent with the principle of
the presumption of innocence, which is a rule that can only be refuted by a final judicial ruling
that has exhausted all means of appeal and has become the truth itself.
10. The second article of the proposed replaces the title of Part One of Book Six (Procedures to be
followed in case of loss of documents and judgments and calculation of periods) of the Criminal
Procedure Law promulgated by Decree-Law No. (46) of 2002, with the title (Procedures to be
followed in case of loss of papers and judgments and calculation of periods, and the
use of electronic means). The NIHR agrees to the new title.
11. The third article of the same proposed law adds paragraphs to a number of articles of the Criminal
Procedure Law promulgated by Decree-Law No. (46) of 2002, where a fourth paragraph is
added to Article No. (18) of the same law, stipulating that, “Such period for the two crimes
stipulated in Articles (424) and (425) of the Penal Code, does not become effective
except from the date of the termination of capacity of the private sector worker, or from
the date the victim became aware of the incident, unless the investigation began prior
to that.” The NIHR concluded that it agrees with adding a fourth paragraph to the text of Article
(18) as stated in the proposed law, as it is compatible with the provisions of international and
regional human rights instruments.
12. With regard to adding a third paragraph to Article No. (218), which states that, “However, the
court may, in the cases it deems necessary to hear the case in the absence of the accused,
use audio-visual technology and remote telecommunications in the proceedings for
hearing the case with the accused, and hearing, watching, recording, and presenting
the proceedings of the session to him/her in the presence of his/her lawyer in the cases
required by law, and in the presence of a member of the Public Prosecution.” The NIHR
concluded that it agrees in principle with the text of the third paragraph of Article (218) as stated
in the proposed law, which provides for the use of means of audio-visual technology and remote
telecommunication in initiating the proceedings with the accused, as it is a measure leading to
the desired justice promptly and without delay. It also underscores the importance of explicitly
providing for legal provisions in the same text that enhance securing the enjoyment of fair trial
guarantees of the accused in the situations where it is necessary to resort to these modern means.
13. Regarding the addition of a fourth paragraph to Article (227) of the same Law, stipulating that,
“It may, in all cases, decide who it deems necessary to hear his/her testimony; if it
decides that it is not necessary to hear the testimony of any witness, it must state the
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