3. The National Institution values in principle the bases and principles upon which is based the
proposed law at issue, represented- as stated in the explanatory memorandum- that in view of an
increase in crimes and actions which aim to destroy state institutions and violate private property
thereby beclouding the tranquility of society and destabilizing it, including crimes which constitute
an infringement of personal freedom within private dwellings and the safety and privacy of
public and vital buildings and installations, which is what was emphasized in Article (25) of the
Constitution which provides that: “Dwellings are inviolate. They cannot be entered or searched
without the permission of their occupants’ exception in cases of maximum necessity as laid down
and in the manner provided by law.”
4. Moreover, given that these crimes have come to assume modern forms using advanced machinery
and arms, which necessitates confronting and deterring them, and for the scope of criminalization
to be widened to involve suitable punishment given the ominous modern methods used in those
crimes.
5. Accordingly, it is the view of the National Institution that the policy adopted in the proposed law
to intensify the punishment prescribed for certain crimes or the criminalization of other actions,
emerged for aims and objectives represented in achieving a stage of security and social stability
and to also achieve deterrence of the commission of this type of crimes, in addition to helping to
diminish them given their criminal peril to the individual, society and the state, which may not be
considered greater strictness which impinges on the basic rights and freedoms enjoyed by people,
and, moreover, the amendments in the proposed law- in general- do not represent a violation of
human rights according to the relevant international human rights instruments.
6. The National Institution views with favor for the honorable committee to reconsider the term
monitoring (Muraqabah) given that it is a broad and nebulous term which entails numerous legitimate
actions which may be interpreted and considered as monitoring that is punishable according to what
is stated in the proposal, which is something incompatible with the principles of legal formulation
of criminal rules in this regard, given that the law in certain situations has made it mandatory for
individuals to undertake the act of monitoring (Muraqabah) in order to safeguard and protect the
state and society, which leads to a conflict between the legal rules concurrently, particularly what
was decided in Article (9) of the Constitution which provides that: “Public funds are inviolate, and
it is the duty of every citizen to protect them”, given that monitoring public property and wealth
is a constitutional duty which principally aims to protect them, and hence it is unacceptable to
consider such monitoring as among the illegitimate acts which are legally criminalized.
7. On the other hand, the National Institution views with favor, and in line with the principles and
standards of legal formulation of criminal rules, for the quarters intended expressly by the proposal
in the end of Article (361) instead of referring to them in Paragraphs (1), (5), (6) of Article (107) of
the same law, such in order to prevent the possibility of (open-ended) interpretation.
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