Fourth: Proposed draft law regarding the protection of informants, witnesses, and experts in corruption and embezzlement of public funds cases 1. The NIHR expressed its advisory opinion on the proposed law for the protection of informants, witnesses, and experts in corruption and the embezzlement of public funds cases. It concluded that it agrees with the essence of the proposed law for the protection of informants, witnesses, and experts in corruption and the embezzlement of public funds cases, as this protection provides the cornerstone of the efforts for combating corruption, protecting, and preserving the public funds. 2. The NIHR urged to reconsider the provisions decided in the proposed law objectively and structurally (linguistically), in accordance with principles of legal drafting needed for procedural texts, and in such a way where the protective measures for the categories included in the proposed law are clear, specific, and binding within legally known controls, and that would not result in any violations of human rights and other basic freedoms. The description of the crimes under the protection domain must be defined legally, with no ambiguity or vagueness, taking into account - when being reconsidered - to comply with the provisions of protection stated in Article No. (127-bis) of the Penal Code in force, in line with the essence of the proposed law. Fifth: Proposed draft law to add a new Article No. (261-bis) to the Penal Code issued by Decree-Law No. (15) of 1976 1. The NIHR expressed its advisory opinion on the proposed draft law to add a new Article No. (261-bis) to the Penal Code Decree-Law No. (15) of 1976, composed of two articles and a preamble. The first Article thereof adds a new Article No. (261-bis) to the Penal Code Decree-Law No. (15) of 1976, that includes possibility to pardon the offender in the crimes that uses the seals, signatures, stamps, imprints, public signs, metal plates, and forged postal stamps, if he reported the crime to the judicial or administrative authorities. 2. The text of Article No. (62-bis) in the proposed draft law should state: “If there were multiple offenders in one of the crimes specified in this Chapter, and if one of the perpetrators reports the crime to the judicial or administrative authorities before using the seals, signatures, stamps, imprints, public signs, metal plates, and forged postal stamps, and before the commencement of the preliminary investigation, it shall be considered a mitigating excuse, and he may be exempted from the penalty if the Judge perceived it suitable. The same judgment ruling extends to the offender who enables the authorities during investigation to arrest the other perpetrators of the crime.” 3. The NIHR concluded its agreement with the direction of the proposed draft law, to encourage perpetrators in some crimes to report it to the authorities NIHR Bahrain- Eighth Annual Report 2020 108

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