dinars, in addition to supplementary and joint penalties, guarantees, amounts to be
refunded, and expenses; issuing the order is mandatory in violations. Within ten days
from the date of issuing the criminal order, the attorney general or the competent chief
prosecutor (prosecuting attorney) may order to amend or rescind it and proceed in the
case in the normal methods. The order may not be served to the litigants before the
expiry of this period. The provisions prescribed for the order issued by the lower court
judge shall apply with the exception of Article (274) of this Law”. The NIHR concluded
that the provision of Article (280-bis) as contained in the proposed law should be reconsidered,
as it directly affects the guarantees of a fair trial, since it is not allowed to combine the powers
of investigation and accusation and the competence to adjudicate over the proceedings and
terminate it by means of the criminal order, since judicial decisions should only be issued by the
competent court.
21. Article (411-bis) of the proposed law stipulates that, “Electronic means may be used to
initiate and prove all procedures stipulated in this Law, whether at the evidence
gathering stage, investigation, or trial, including the issuance of orders, decisions,
judgments, signatures, notices, seizures, documents and papers presented therein, to
interact between its parties remotely, and to record, broadcast and send audio-visual
coverage of the proceedings and facts electronically over-the-air. In all these cases, the
rules pertaining to dates, considering extension of detention, notice, attendance, and
publicity provided for in this Law are realized by using such means. The venue, in which
the proceedings shall take place using remote electronic means, is part of the location
of its initiation, and the provisions established thereto in the Law shall be applicable.
These means may be used to prepare copies of criminal cases in the form of electronic
records that take the place of the hard copies and shall have the same authenticity
and legally prescribed provisions”. The NIHR concluded that it agrees in principle with the
provision of Article (411-bis) as stated in the proposed law, and stresses that it is important that
the rules pertaining to dates, considering extension of detention, notice, attendance, and publicity
stipulated in the Code of Criminal Procedure when using electronic means do not infringe the
right of the accused or convicted person to obtain information needed to prepare his defense in
a timely manner to achieve the guarantees of a fair trial at all stages.
Second: Proposal (urgent) on granting permanent residence to the children of Bahraini
women born to foreign fathers
22. The NIHR expressed its advisory opinion regarding the (urgent) proposal on granting permanent
residence permits to the children of Bahraini women from foreign fathers, and concluded that it
agrees in principle with the goals and objectives of the (urgent) proposal on granting permanent
residence permits to the children of Bahraini women from foreign fathers. However, it considered
it more appropriate to extend the residency of the children of Bahraini women married to a
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