legal adaptations if its prescribed penalty is milder than the penalty for the crime subject
of the reconciliation or conciliation; reversal of the reconciliation or conciliation has no
effect on the abatement of criminal proceedings. Reconciliation or conciliation does not
have an effect on civil rights. If there are multiple victims, reconciliation does not have
an effect unless it is issued by all of them; and if there are multiple defendants, it must
include all of them. It is permissible to reconcile or conciliate after the final judgment
is issued pursuant to the conditions established when conciliation is entered into at
the trial stage, in addition to payment of the fees and expenses of the lawsuit to the
accused, and acknowledge it before a sentence enforcement judge. In this case, an
order shall be issued to stay the execution of the imposed penalty, and the provisions
stipulated in the Law regarding the suspension of the execution of the penalty shall
apply to it.”
18. The NIHR agrees with the provisions of Articles (21- bis), (21- bis) (a), and (21-bis) (b) as stated
in the proposed law, as they are consistent with the approach based on limiting the penalties
involving deprivation of liberty and moving towards alternatives others than criminal proceedings,
as stated in international and regional human rights instruments.
19. Article (226-bis) of the proposed law stipulates that, “In the event of a full confession of the
offense in the misdemeanor articles, the accused may express his desire before the
Public Prosecution or the court, as the case may be, to conduct an expeditious trial.
The Public Prosecution may set a date for a hearing to consider this case within three
days. If the court accepts to consider the case according to expeditious proceedings, the
penalty prescribed for the crime is reduced to no more than half of its maximum limit,
and if the penalty has a special minimum limit, both limits of the penalty is reduced by
half, and the sentence is issued in the same hearing. The court may decide to hear the
case in accordance with normal proceedings if the accused, or one of the accused in the
case of multiple accused, changes his will or his full confession, or fails to be present at
the hearing, himself or his representative, without an acceptable excuse before closure
of the pleading; or if the court deems, on its own, that the case is disqualified from
adjudication in the expeditious proceedings”. The NIHR concluded that it agrees in principle
with the provision of Article (226- bis), as stated in the proposed law, and it advises to add
a legal guarantee that the Public Prosecution must collect evidence and other proofs and shall
not refer the criminal case to the court until after the accused confesses willingly and without
coercion.
20.
Article (280-bis) stipulates that, “A member of the Public Prosecution, at the rank of
prosecutor at least, has the right to issue a criminal order in misdemeanors punishable
by imprisonment for a period not exceeding one year or a fine of a minimum of one
thousand dinars, and issue the order with a fine that does not exceed one thousand
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