reason for that decision in its judgment”, the NIHR agrees to add this paragraph, which is
compatible with the provisions of international and regional human rights instruments.
14. Regarding the addition of a second paragraph to Article (321) of the same Law, stipulating
that, “To which end, it is entitled to notify the public authorities in the state, except for
the health authorities, to suspend dealing with the convict,” the NIHR is of the opinion
that the text of Article (321) remains as is in the original version of the Law, since it provides for
sufficient provisions to achieve the same desired objectives of the paragraph added to the above
Article, and it does not create a problem or a possibility of infringing or affecting the rights and
freedoms of those who have a relationship or related to the convicted person, as human rights
are interdependent and indivisible.
15. As to Article No. (21-bis) of the proposed law, which states that, “It may, in cases not explicitly
provided for in the Law, be reconciled with an accused in violations, as well as in
misdemeanors that are punishable by a fine or by permissive imprisonment that does
not exceed six months. The accused requesting reconciliation shall pay a sum of money
equivalent to one-third of the maximum fine prescribed for the crime, or the minimum
fine prescribed for the same crime, whichever is greater, if this takes place before the
Public Prosecution prior to being served the summons to appear before the court. If the
request of the accused is in court even before adjudicating the case with a final ruling,
he shall pay an amount equal to two-thirds of the maximum fine prescribed for the
crime or the minimum prescribed amount, whichever is greater.”
16. Article (21-bis) (a) of the proposed law stipulates that, “the victim or his representative, and
his heirs or their representatives collectively in the misdemeanors stipulated in Articles
(290), (305), (314), (319), (339 first and second paragraphs), (342 first and second
paragraphs), (343 first and second paragraphs), (351), (361 first paragraph), (362 first
paragraph), (363 first paragraph), (370), ( 372), (381), (385), (386), (390), (391), (395),
(397), (409 first paragraph), (410), (411), (413), (415) of the Penal Code, may request
the Public Prosecution or the court, as the case may be, to prove his reconciliation with
the accused for the actions he committed against him.”
17. Article (21-bis) (b) of the proposed law stipulates that, “The reconciliation stipulated in the
previous article shall be concluded by virtue of a written acknowledgment of responsibility
conciliation report signed by its parties before the competent security authority, the
Public Prosecution, or the competent court, or the sentence enforcement judge, as the
case may be. In the first case, the report is approved by the Public Prosecution. The
reconciliation or conciliation stipulated in the two previous articles result in abatement
of criminal proceedings in the crime subject of the reconciliation or conciliation and
other closely associated and indivisible crimes with all its statutory specifications and
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