Actually, relying solely on previous stipulations without presenting the possibility of conciliation could lead to a violation of human rights and dignity and diminish the value of the individual. Hence, it is necessary for both the Code of Criminal Procedures and the Penal Code to be abreast of the latest developments uncovered by studies and research in the fields of sociology and psychology, and the method of tackling the criminal impulses, where the specialists indubitably aver that there are pitfalls associated with excessive reliance on the punishment of imprisonment or jails, and the state should incline to alternative punishments or the methods of criminal conciliation because they are more effective in achieving reform and are more cost-effective. 18. Accordingly, the National Institution is in agreement in principle with the aims of the abovementioned articles as occurring in the draft law, and emphasizes the necessity of amending the Code of Criminal Procedure (CrPC) whereby it would contain stipulations assisting the accused to end the case, and would assist the victim to receive reparation for injury and the damage inflicted upon him, whether materially or morally, but they do not converge with the texts of the articles of the original draft law, given that it is necessary to utilize the term “conciliation” “Al-Sulh” rather that “Al-Tasaluh”. This is due to the presence of a difference between the abovementioned terms. 19. The difference between “conciliation” Al-Sulh and Al-Tasaluh, lies in that Al-Sulh is between the parties to an incident, and is due to the will of the victim, without the intervention of the judicial quarter, whereby it includes the crimes punishable by imprisonment or fine or both, and it is permissible for the Sulh to be by a financial compensation to which the parties agree or by a moral return such as by the accused apologizing to the victim, and Al-Sulh is permissible after the final judgment. Thus it is necessary for there to be an agreement between the victim and the accused, distant from the courts. 20. As to Al-Tasaluh (Composition) it is between the two litigant parties, namely the administrative party (represented in public prosecution) as a representative of society, whereby the judicial police officer offers reconciliation to the accused, and the Tasaluh (Composition) is confined to the misdemeanors and violations punishable solely by a fine. 21. Based on the foregoing, the National Institution agrees in principle with the aims of the clauses of the articles above as stated in the draft law, and emphasizes the necessity of amending the Code of Criminal Procedure (CrPC) whereby it would include stipulations that would help the accused to end the case, and would help the victim to receive reparation for injury and the damage befalling him, whether material or moral. Actually, it views positively the formulation of the stipulations of the articles above as occurring in the original draft law, given that it is necessary to use the term Sulh “conciliation” instead of the term Tasluh (Composition), such owing to the fact that there exists a difference between the two mentioned terms. 22. Whereby the text of the Article (21 bis) after amendment: “the victim of a crime or his special proxy, or his heirs or their special proxy, in the offenses provided in the first and second paragraphs of Article (339), and the first and second paragraphs of Article (343), and the victim of the offense referred to in the first paragraph of Article (342) of the Penal Code shall prove conciliation with the 22

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