in absentia. The Attorney General and the competent court may, upon hearing an extension of the pre-trial detention should it be decided to release an accused in a felony or misdemeanor punishable by imprisonment, and where it is in the interest of the investigation to bar him/her from traveling abroad, issue an order banning him/ her from travel. The accused may file a grievance against the travel ban order before the High Criminal Court held in the Consultation Room. If his/her grievance is rejected, he/she may file a new grievance every month after the date on which the grievance is rejected, unless the case is referred to the court having jurisdiction over it, in which case the travel ban order or its cancellation becomes within its jurisdiction”. The NIHR concluded that it agrees with the proposed amendment to the provision of Article (159) as stated in the proposed law; however, it recommends providing for a specified service time whereby the person against whom the travel ban order was issued in absentia is served, to give effect to his/ her right to an effective complaint. 7. Article No. (273) of the proposed law stipulates that, “The Public Prosecution may, in respect of misdemeanors for which the law does not provide for a penalty of imprisonment or a minimum fine of more than two thousand dinars, if it deems that it is sufficient for the crime, in light of its circumstances, to be punishable with a fine not exceeding two thousand dinars, in addition to the supplementary and joint penalties, the amount to be reimbursed and legal expenses, ask the judge of the Lower Court that has jurisdiction to hear the case to inflict a penalty upon the accused by an order he issues on the basis of a petition, which relies upon the minutes of the collection of evidence or other kinds of evidence without conducting an investigation or hearing any pleadings.” Article (274) stipulates that, “For a penal order, a ruling shall only be limited to a fine of not more than two thousand dinars, supplementary and joint penalties, amounts to be reimbursed, and legal expenses; and it may pass a judgment of acquittal, dismissal of the civil action, or a stay of the execution”. The NIHR concluded that it agrees with the proposed amendments to the provisions of Articles (273) and (274) as stated in the proposed law, as they are consistent with the provisions of international and regional human rights instruments. 8. The first paragraph of Article (277) of the proposed law stipulates that, “The Public Prosecution and the remaining litigants shall be entitled to challenge the criminal order by virtue of a report to be filed with the Court Clerks’ Office within seven days from the date of issuing the order in respect of the Public Prosecution and from the date of service of notice thereof with respect to the remaining litigants. Such report shall have the effect of the lapse of the order and shall become null and void and have no effect”. The NIHR concluded that it agrees with the proposed amendment to the text of the first paragraph of Article (277) as stated in the proposed law, as it is in line with the provisions of international and regional human rights instruments. 54

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