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Bill Proposal to
Amend the
Penal Code & Criminal and Civil
Procedures
Codes
Submitted by Major-General Mr. Khalid Zordok
Deputy
of the Committee on Religious Affairs in the People's Assembly
In the Name of the People
The President of the Republic
After reviewing the Constitution, The Penal law no. 58 for 1073, The
Criminal Procedure law no. 150 for 1950,The Civil and Commercial
Procedure law no. 13 for 1968, And their amendments,
The people's Assembly passed the following Bill and we promulgate it
into law:
Article: 1
First:
The name of Chapter eleven (11) in the second Book of the penal code
no. 58 of 1937 and its amendments shall be changed to be "Chapter of
religions crimes and misdemeanors"
Second:
A new article no. 159 (bis) shall be added to the said law as
follows:
Article 159 (bis) of the penal code (added) "Shall be punished with
imprisonment and a fine of not less than fifty thousand pounds, or
one of it whoever:
1-
abuses,
disdains, Despises, or ridicules the divine, heavenly religions,
messengers, prophets, their wives, families, or companions and
whoever incites or promotes thereof, by any means; readable,
audible, visible, via satellite, or via internet, whether it used in
writings, expressionist and symbolic paintings, caricatures,
photographic, singing or acting…etc and in any language.
The same penalty shall be applied on publishers, and those who are
responsible for printing, issuance, broadcast or electronic
transmission whether they were a judicial or a natural person.
2- Republishing,
reprinting, reissuing, reviewing, rebroadcasting or reviewing by
electronic transmission any of the aforementioned actions or part of
it or the developing, introducing it in another material, selling,
renting or denoting it in recompense or otherwise or bartering
thereof. Whether that action take part in the state territory or
outside it, even if the perpetrator is non-citizen of it.
Instruments, equipments, devices, headquarters, and places used to
commit the crime shall be sentenced to confiscation and closure.
In the case of repetition, the penalty shall be aggravated prison
sentence and fine.
Article: 2
Shall add new article no. 3 bis for the criminal procedure code no.
150 for 1950 amended by the following text:
Article 3 bis (added) "criminal action shall be filed about crimes
mentioned in article 159 bis of the penal code by one Prosecutor, at
least Chief Prosecutor degree, or upon written request submitted to
the General Prosecutor by any subject in the state or one affiliated
to heavenly religion who entitles civil rights according the state
laws, though the crime committed out of its territory and the
perpetrators were not of its citizens or whoever has interest to
complain about the prosecution decision issued by preservation or
that ordering that there is no need to initiate the criminal action
according to circumstances.
Article: 3
The second paragraph of article 15 of the criminal procedure code
shall be amended to:
"Crimes stipulated in articles 117, 126, 127, 159 bis, 282, 309 bis
(A) and crimes stipulated in the First Chapter of the Second
Section- the Second Book of the Penal Code occurred after the
application date of this law, shall not lapse or subject to
limitation.
Article: 4
The second paragraph of the Article 3 of the Civil and Commercial
Procedure Code, enabled by law no. 13 for 1968 shall be amended to:-
"However, public or private potential interest is sufficient or if
the purpose of the request was the precaution to obviate imminent
harm or to ascertain for right feared to forfeit its proof when
disputed .
Article: 5
Any provision in other laws countervailing the provisions of the law
hereto shall be abrogated .
Article: 6
This law shall be stamped with the seal of state and executed as one
of its law and enacted on the day following the date of publication
in the official Gazette .
Issued at the presidency on 1429 H. / 2008 AD .
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Submitted by Major-General Mr. /
Khalid Zordok |
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Deputy of Religious Affairs Committee in the People's
Assembly |
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