Seventh: Draft law amending some provisions of the Penal Code promulgated by Decree-Law No. (15) of 1976, accompanying Decree No. (38) of 2018 1. The NIHR referred its advisory opinion on a draft law amending some provisions of the Penal Code promulgated by Decree-Law No. (15) of 1976, accompanying Decree No. (38) of 2018. The draft law comprises three articles in addition to the preamble. The first article provides replacing the text of Article (277 bis) of the Penal Code. The second article stipulates the addition of two new articles (277 bis 1) and (277 bis 2) therein. Both articles aim at countering the growing phenomenon of the manufacture and use of flammable and explosive containers, which endangers the lives of people and public and private properties, and increasing the prescribed penalty for such manufacturing and use to protect the homeland. As for the third article, it is executive relating to the competent authorities, who implement the provisions of this law, and the date of entry into force of the provisions contained therein. 2. Article No. (277 bis), as stated in the draft law, stipulates that, “A prison sentence of no more than ten years and a fine not less than five hundred dinars and not exceeding 1000 dinars shall be inflicted upon any person who manufactures flammable or explosive containers for the purpose of using such to endanger people’s lives or public or private properties, or possesses or obtains the materials used for manufacturing thereof, for the same purpose.” 3. Article No. (277 bis 1), as stated in the draft law, stipulates that, “A prison sentence for a term not exceeding five years and a fine of not less than five hundred dinars shall be inflicted upon any person who possesses or obtains flammable or explosive containers for the purpose of using such to endanger the lives of people or public or private properties.” 4. Article No. (277 bis 2), as stated in the draft law, stipulates that, “A prison sentence for a term not exceeding eight years shall be inflicted upon any person who distributes or uses flammable or explosive containers for the same purpose. The penalty shall be a life or temporary imprisonment of not less than ten years if such use leads to a permanent disability. The penalty shall be death sentence or life imprisonment if such use causes the death of a person.” 5. The NIHR values in principle the objectives of the draft law, namely, to counter the growing phenomenon of the manufacture and use of flammable and explosive containers and endangering the lives of people and public and private properties, and to increase the prescribed penalty for such manufacturing and use to protect the homeland. 6. Whereas Article No. (277 bis) of the draft law is intended to aggravate the penalty imposed on anyone who manufactures flammable or explosive containers for the purpose of using such to endanger the lives of people or public and private properties, or obtains or possesses the materials used for manufacturing thereof, for the same purpose, to become imprisonment for a term not exceeding ten years and a fine not less than five hundred dinars and not more than one thousand dinars, instead of imprisonment and a fine, or one of the two penalties, as stated in the original law. 28

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