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
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