debauchery or prostitution by way of coercion, threat, or deceit because the penalty prescribed is
not commensurate with the criminal act, as the penalty of the original law does not achieve general
deterrence in the society, especially with the increase in this type of crime.
6. Therefore, in order to achieve the objectives of the draft law, the NIHR sees that it is desirable
to keep the applicable text, which increases the penalty to its minimum and maximum limits
instead of Constricting the penalty. In the case of increasing the penalty, the provisions of Article
(76) of the Penal Code must be applied, which specifies the term of increased penalties, which are
circumstances that may not achieve the objectives of this proposed amendment.
7. From the foregoing, the NIHR agrees with the provisions included in the amendment of Article
(325) of the Penal Code promulgated by Decree-Law No. (15) of 1976, an amendment that ensures
the Constricting of the penalty prescribed in the crime of forcing a male or a female to commit acts
of debauchery or prostitution by way of coercion, threat, or deceit, which does not have an effect
on the enjoyment of fundamental rights and freedoms by individuals, and does not constitute a
violation or breach of human rights according to the relevant international and regional human
rights instruments.
8. The NIHR favors to retain the text of Article (327) of the Penal Code promulgated by Decree-Law
No. (15) of 1976, as stated in the original law, which maximizes the penalty to its minimum and
maximum limits instead of increasing the penalty, as it aims to achieve the same goals and objectives
desired in the draft law.
Second: A draft law amending certain provisions of the Reform and Rehabilitation Institution Law
promulgated by Law No. (18) of 2014 (prepared in light of the proposed law “as amended” submitted
by the House of Representatives)
1. The NIHR referred its advisory opinion on a draft law amending a number of provisions of the
Reform and Rehabilitation Institution Law, promulgated by Law No. (18) of 2014, which consists
of three articles, as well as the preamble. The First Article replaces the text of the second paragraph
of Article (41); the Second Article adds a new second paragraph to Article (27) of the Reform and
Rehabilitation Institution Law, issued by Law No. (18) of 2014, and the Third Article is executive.
2. The second paragraph of Article (41) of the draft law states that, “…the Director of the Institution
may, after the approval of the Minister or whoever he may so delegate, authorize the inmate to
leave the institution to visit his/her family in the event of the death of a relative up to the second
degree. The visit may include attending the funeral of the deceased or the mourning ceremony.
In addition, the inmate may be permitted to leave in situations which the management of the
Institution deems necessary.”
3. The new second paragraph of Article (27), as in the draft law, states that, “... the management
of the Center shall organize periodic meetings and assemblies for preaching and religious
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