Sixth: The proposed law would repeal Article Number (353) of the Law Number (15)
for 1976 by promulgating the Penal Code.
1. The NIHR stated its consultative opinion concerning the proposal in the law by repealing Article
Number (353) of the decree under Law Number (15) for the year 1976 by promulgating the Penal
Code, which included a repeal of the referred to Article from the provisions of the law which
stipulates that “no punishment shall be prescribed for one who commits one of the crimes
stipulated in the previous articles in case he concludes a sound marriage between him and the
victim. And in case a final ruling is rendered prior to the matrimonial contract there will be a stay
of execution and its criminal consequences shall end.”
2. The NIHR values in principle the standards and principles upon which is based the draft law subject
of explanation, represented by repealing Article Number (333) of the Penal Code promulgated by
decree by virtue of Law Number (15) for the year 1976, which calls for not penalizing the committer of
assault on the woman once a sound matrimonial contract is concluded between him and the victim,
given that the person presenting the proposal considered repealing the Article above as entailing
for the culprit not to escape from criminal punishment merely by virtue of a sound marriage to the
victim, where the Article in its present form does not protect the woman from the act of aggression,
and its continuance would encourage the perpetrators of the crimes of rape and infringement of
honor to commit more crimes given the existence of a legal means barring punishment represented
in concluding a sound matrimonial contract between the culprit and the victim, which connotes
inconsistency with the decided penal philosophy.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
3. Notwithstanding that the Arab Human Rights Committee (the Charter Committee) emanating
from the Arab Human Rights Charter, ratified by the Kingdom of Bahrain pursuant to Law Number
(7) for the year 2006, included closing recommendations where the first report of the Kingdom of
Bahrain in the third session held on (16-21) February 2012 called for: “amending the penal code
and ensuring that those who commit the crimes of rape are held to criminal account in case of
marriage with the victim, in a manner assuring the principle of marriage grounded in full consent
where there is no compulsion as is stated in the Charter,” which concurs with the proposed draft
law subject of the discussion.
4. However, the NIHR on the other hand is of the view that Article Number (353) of the Penal Code
promulgated by virtue of Law Number (15) for the year 1976 has made it incumbent on the court
not to rule to prescribe the decided punishment on the perpetrator of the act of rape, given that
it is associated with the presence of a sound matrimonial contract between him and the victim,
given that the “sound matrimonial contract” referred to and affirmed by the Article above requires
fulfillment of all the conditions and pillars.
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