Section I Advisory Opinions Submitted by the National Institution for Human Rights to the Shura Council Valuing the efforts devoted by the Shura Council pertaining to human rights matter, given that it is the constitutional institution guaranteeing public rights and freedoms, the NIHR has received during the timeframe of the Report two requests to obtain its opinion, as follows: First: Draft law amending some provisions of the Penal Code promulgated by Decree-Law No. (15) of 1976 (prepared in light of the draft law “as amended” submitted by the House of Representatives) 1. The NIHR submitted its advisory opinion on a draft law amending certain provisions of the Penal Code promulgated by Decree-Law No. (15) of 1976, which consists of two articles, as well as the preamble. The First Article included replacing the texts of Articles (325) and (327) of the Penal Code issued by Decree-Law No. (15) of 1976, and the Second Article is an executive article. 2. Article (325), as stated in the draft law, provides that: “1. Any person who forces a male or a female to commit acts of debauchery or prostitution by way of coercion, threat, or deceit shall be punished by imprisonment for a term not less than five years and not exceeding seven years. 2. If the victim is less than 18 years old, the penalty shall be imprisonment for a period not less than seven years and not more than 10 years.” 3. The NIHR sees that the essence of the amendment contained in the above text is in its provisions, which increase the prescribed penalties to imprisonment for a term of at least five years and not exceeding seven years for the offense of forcing a male or a female to commit acts of debauchery or prostitution by way of coercion, threat, or deceit; and aggravate the prescribed penalty to imprisonment for a period of not less than seven years and no more than ten years if the age of the victim is less than 18 years. The objectives and intentions of tightening the penalty contained in the draft law are to create a state of security and social stability and to deter committing this type of crime. Such aggravated penalty is not meant to affect the enjoyment of fundamental rights and freedoms of individuals, and does not constitute a violation or breach of human rights as stated in the relevant international and regional human rights instruments. 4. Article (327), as stated in the draft law, stipulates that: “If the offender in the preceding three articles is a spouse of the victim, or is his or her ascendant, tutor, carer, or a person with authority over the victim, the penalty shall be increased up to a maximum of fifteen years.” 5. It is the view of the NIHR that the essence of the amendment contained in the above text is in its provisions, which replace the phrase “double the minimum and maximum penalty” with the phrase “the penalty shall be increased” if the offender is a spouse of the victim, or is his or her ascendant, tutor, carer, or a person with authority over the victim. Given that the draft law aims at tightening the penalty imposed on a person who forces a male or a female to commit acts of 12