deviation towards the world of crime by modern methods that are lost costly than prisons and more
considerate of the human rights of the person convicted of a particular crime, while safeguarding
his human dignity, who would certainly not sever his ties to his family and community.
13. The alternatives to the punishment of imprisonment could be represented in a set of punishments
and precautionary measures ensuring the reform of an individual while concurrently making him
remorseful for committing the crime for which he deserved punishment to prevent its commission
in future time while also deterring others, or could be represented in criminal conciliation,
particularly since some of the convicts enjoy a high social standing or were led to commit the
crime by coincidence or under the influence of an urgent need or due to a particular nervous and
psychological state which requires treating those persons differently. On the other hand most of the
misdemeanours and contraventions are punishable by imprisonment for a short period of time,
where scientists argue that the punishment is ineffective but would in fact be a direct cause of the
corruption of the individual instead of his reformation.
14.
Thus most national legislations have inclined to affording criminal conciliation, whether the
countries that have the Anglo-Saxon legal system such as the United States and Britain, or the
countries that adopt the Latin system, specifically in minor crimes, where all almost concur on the
superficiality of the crime and that it does not strongly affect society and the public interest which
must be safeguarded. Hence, there does not exist a state which applies the criminal conciliation
system that permits conciliation in serious crimes or crimes that impinge on state security, whereby
conciliation exists to be an exit route to end a criminal lawsuit in minor offenses in a manner that
guarantees the penalization of the accused and the achievement of justice.
15. Moreover, the benefits arising from criminal conciliation lie in encompassing the will of the
government or the public prosecution and the accused, where the former avoids prolonged penal
procedures through courts and thence enforcement, and the second is represented in relieving him
from standing in court and thence sentencing him with a punishment exceeding the conciliation
ruling with the administrative quarter.
16. The criminal conciliation system contributes to lessening the burdens of prisons and detention
centers on the persons who conciliated with the competent governmental department, whereby
the prisons became a shelter solely for those convicted. The criminal conciliation with the accused
entails vitiating all the consequences of the criminal ruling convicting the accused which was the
subject of conciliation, and hence it would not be entered in the criminal record of the accused and
would not impinge on the legal capacity of the conciliator in any way.
17. Therefore, the National Institution emphasizes the soundness of the orientation of the draft law to
give due regard to the interest of the victim of crimes of manslaughter and unintended injury who
is more interested in compensation for the damage befalling him than in the punishment of the
accused, and moreover those amendments aim to expedite the procedures of judgment in some
cases through reducing the number of cases heard in criminal courts by means of conciliation.
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