7. Since Article No. (277 bis 1) of the draft law has criminalized the act of possessing and obtaining
flammable or explosive containers for the purpose of using such to endanger the lives of people or
public and private properties, imposing a penalty of imprisonment for a term not exceeding five
years and a fine not less than five hundred dinars.
8. Article No. (277 bis 2) of the draft law also criminalized the act of distributing or using flammable
or explosive containers for the same purpose, imposing a penalty of imprisonment for a term not
exceeding eight years; and imposing life imprisonment or temporary imprisonment for a term
not less than ten years if such use causes a permanent disability; and the death penalty or life
imprisonment if such use leads to the death of a person.
9. Therefore, the NIHR believes that the policy adopted by the draft law to tighten the penalty
prescribed for some crimes or to introduce other criminal acts in the draft law, is to achieve the
purposes and objectives of creating a state of security and social stability, deterrence of committing
this type of crime, as well as helping reduce such criminal acts that endanger the individual, society,
and the State.
10. In addition, The NIHR considers that the proposed amendments contained in the draft law, namely
the increased and newly introduced penalties, are not meant to affect the enjoyment of fundamental
rights and freedoms of individuals, and do not constitute a violation or breach of human rights as
stated in the relevant international and regional human rights instruments.
Eighth: The proposed law amending Article No. (370) of the Decree-Law No. (15) of 1976 on the
issuance of the Penal Code
1. The NIHR referred its advisory opinion on the proposed law to amend Article No. (370) of DecreeLaw No. (15) of 1976 on the issuance of the Penal Code. The propose law consists of two articles,
as well as the preamble. The first article amends Article No. (370) of Decree-Law No. (15) of 1976
issuing the Penal Code. The second article is executive.
2. Article No. (370) of the proposed law stipulates that, “A prison sentence for a term not exceeding
three years and fine not less than ten thousand dinars and not exceeding twenty thousand dinars,
or either penalty, shall be inflicted upon any person who publishes by any method of publication
news, photographs, or comments pertaining to confidential matters on the private or family
lives of individuals, even if such is true, should the publication thereof be damaging thereto.
If the purpose of the publication of the news or pictures or comments is to defame individuals
through social media or any means of information technology, this is considered an aggravating
circumstance.”
3. The NIHR values the principles and precepts underlying the proposed law, which, as mentioned in
the explanatory memorandum, deals with the weakness of the penalty contained in the text of the
original law, which is not commensurate with the magnitude of the crime. In addition, the spread
of crimes of insult and defamation through social media requires tightening of the current penalty.
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