b. It shall take place immediately upon completion of serving of
the sentence for the convict with a misdemeanor penalty,
taking into consideration the provisions of Article No. (399) of
this Law.
c. A period of one year has elapsed from serving the sentence or
a pardon for the convict sentenced to a criminal penalty
(felony) is issued; and this period is doubled in two sentence
cases for recurrence and the expiry of the penalty.
d. A period of one year has elapsed from the date of serving the
penalty or the issuance of the pardon for the convict with a
misdemeanor penalty, when the judgment considered the
convict to be a recidivist, and this period shall be doubled in
the event of the expiry of the penalty by lapse of time.”
3. The NIHR concluded that it agrees with the objectives and principles of the
proposed law, as it is conducive to the speedy integration of the convict into
society and the erasure of what has befallen to the offender in relation to the
future, by reducing the period of rehabilitation stipulated in the law, which is
consistent with the general principles of the law international human rights.
Eighth: A draft law repealing Article (353) of the Penal Code promulgated
by Decree-Law No. (15) of 1976
1. The NIHR expressed its advisory opinion regarding the draft law to repeal
Article (353) of the Penal Code promulgated by Decree-Law No. (15) of 1976,
which consists of two articles, in addition to the preamble, where the draft
included an article canceling Article No. (353) of the Penal Code according
to which the perpetrator of the crime of rape is exempted from punishment if
a valid marriage was concluded between him and the victim. The second
article, it is an executive one.
2. Article No. (353) of the original law states: “A person who commits one of
the crimes stipulated in the previous articles shall not be sentenced to
a penalty if a valid marriage is concluded between him and the victim.
If a final judgment is issued against him before the marriage contract,
its implementation shall be suspended, and its criminal effects shall be
terminated.”
3. The NIHR concluded that it is necessary to determine the appropriate
punishment for the perpetrator of the crime of rape, given that this crime
constitutes a blatant attack on the safety of society and the security of its
members, which is why it is imperative that the perpetrator of the crime of
rape should not be exempted from the prescribed punishment simply for
concluding a valid marriage contract with the victim. It is also consistent with
the conclusions of international and regional resolutions, and the relevant
obligations of the Kingdom of Bahrain.
NIHR Bahrain- Eighth Annual Report 2020
110