10. At the same time those rules allow imposing non-deprivation of freedom measures when necessary,
such as an obligation to appear before the court upon request, or to refrain from interfering in the
administration of justice, or a commitment to a certain behavior of select controls on movement,
or provide a daily or periodic report to the court, or the police or to any other authority, or accept
censorship by an entity designated by the court, or through the provision of financial or in kind
guarantees for attending the trial.
11. T
okyo’s rules also include a large number of non-deprivation of freedom measures that the judicial
authorities may use as alternative punishments for imprisonment, while observing the offender’s
need for rehabilitation, protection of society and the interests of the victim. These include oral
measures such as a reprimand, warning and alarm, parole, and sanctions affecting the legal situation
of the individual: such as the deprivation of the exercise of certain activities that do not fit the nature
of the offense, including the denial of the convicted of fraud from pursuing a career based on trust
such as law or business management.
12. B
esides penalties of an economic or financial nature that must take into account the financial
condition of the individual, and order the confiscation or expropriation of funds, and restitution
of money to the victim or compensating him/her, and suspending or deferring the judgment, and
placing the offender under probation and judicial supervision, or making the offender work with a
service of a social nature without pay, or referral to centers where the offender spends his day and
is subject to treatment or make the offender gain specific skills to improve his behavior, and finally
the house arrest as determined by the judge.
13. In the next phase of the ruling, the Tokyo Rules developed a large number of non-deprivation
of freedom measures subsequent to the issuance of the verdict in order to avoid the placement
of a convicted person in places of detention, such as the declaration of absence and the role of
rehabilitation, and release in order to work or get an education, parole in its various forms, dropping
the punishment, or pardon.
14. E
xtrapolating the national legislation, specifically Decree Law No. 46 of 2002 promulgating the
Code of Criminal Procedure, and its amendments, it did not address the alternative sanctions as a
punitive substitute for sentences of imprisonment, except as provided in Article No. (337) that says:
“Anyone sentenced to imprisonment for a period not exceeding three months has the right to ask
the judge, rather than giving him the imprisonment sentence, to sentence him to work outside the
prison in accordance with article (371) and beyond ”, and with reference to Article No. (371), which
stipulates that “the convicted person may request at any time from the judge implementing the
punishment before the issuance of the physical coercion to replace it by a manual or industrial labor
sentence”.
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