6. The National Institution favors reformulating the beginning of the first Article of the proposed law,
given that is was considered the article of definitions occurring in the original law which bears
number (2) and occurs in the same paragraph referring to article (1), while the proposed amendment
pivots around Article (1) of Clause (c) of Article (1) of the Decree Law Number (4) of 2001 concerning
the prohibition and prevention of money loudening and the funding of terrorism as amended, in
addition to the fact that the text in its present legal formulation is ambiguous and nebulous, which
necessitates its amendment in accordance with what your honorable council deems suitable in this
regard.
7. Based on the foregoing, the National Institution agrees in principle to the amendment of Paragraph
Ten of Clause (c) of Article (1) of the Decree-Law Number (4) of 2001 concerning the prohibition
and prevention of money-laundering and funding of terrorism as amended, given that they are
amendments that do not impinge the basic rights and freedoms of persons, and do not represent
a violation of human rights based on relevant international human rights instruments and
conventions, and it favors a reformulation of the beginning of Article (1) of the proposed law given
that the text in its present legal formulation causes confusion and is mysterious, which necessitates
its amendment in accordance with what your honorable council deems suitable in this regard.
Fourth: Proposed law amending some of the provisions of the Penal Code issued by Decree-Law
Number (15) of 1976
1. The National Institution submitted its advisory opinion concerning the proposed law amending
some of the provisions of the Penal Code enacted by Decree-Law Number (15) of 1976, which
comprises of two articles, in addition to the preamble, including amending Article (361) of the
Decree-Law Number (15) of 1976 in the Penal Code, and an executive Article.
2. The bill provides that the previous text of Article (361) of the Decree-Law Number (15), of the year
1976 by the following text: “A prison sentence for a period of no more than 6 months or a fine of
no more than BD 50 shall be the penalty for any person who enters an inhabited place, a place
intended for dwelling or one of the appurtenances thereof, premises intended for the safekeeping
of funds or a property against the will of the person concerned and in other than the cases provided
for in the Law. The same penalty shall also be applicable to a person who remains in such place
against the will of the person having the right to expel him, or if he is found hiding away from the
sight of those having such right. The penalty shall be imprisonment for no more than 2 years if
the crime is committed at night or with the use of violence against persons or property or with the
use of a weapon or photographic or recording equipment by two persons or more, or by assuming
the identity of a public servant or alleging to be undertaking or entrusted with a public service or
generally to be acting under a false capacity. If the intent of entry or staying is to prevent possession
with the use of force or committing a crime, or in case the crime occurs in one of the public buildings
or allocated for governmental interests or public facilities or vital installations, or vital installations,
or one of the quarters mentioned in paragraphs one, five and six of Article (107) this shall be
considered as an aggravating circumstance.”.
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