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.
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