قرار بقانون رقم (29) لسنة 2020م بتعديل قرار بقانون رقم (18) لسنة 2015م بشأن مكافحة المخدرات والمؤثرات العقلية وتعديلاته

Law by Decree No. 29 of 2020

Concerning the Amendment of the Law by Decree No. 18 of 2015 on Narcotic Drugs and Psychotropic Substances, as Amended

The President of the State of Palestine

The Chairman of the Executive Committee of the Palestine Liberation Organisation

In reference of the Bylaw of the Palestine Liberation Organisation,

The Amended Basic Law of 2003, as amended,

Having reviewed the Law by Decree No. 18 of 2015 on Narcotic Drugs and Psychotropic Substances, as amended,

Based upon the powers vested in me, and

In pursuance of the public interest,

I hereby promulgate the following Law by Decree:

Article 1

For the purposes of introducing this amendment, the Law by Decree No. 18 of 2015 on Narcotic Drugs and Psychotropic Substances, as amended, shall be referred to as the Original Law.

Article 2

Article 28 of the Original Law shall be amended so as to become as follows:

To be punished by imprisonment for a term of not less than ten years, and by a fine of not less than three thousand Jordanian dinars and not more than five thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who:

1. Creates or releases a website on the electronic network or a means of information technology with the intention of trafficking, promoting or using narcotic drugs and psychotropic substances, or facilitating dealing in the same.

2. Encrypts any websites used by narcotic drug dealers so that they are not under the control of the authorities, or equips the computer with tools to decode the encryption sent to either party to the trafficking of narcotic drugs.

3. Displays information on a website on how to manufacture narcotic drugs, psychotropic substances, or precursor chemicals, or on how to produce them, techniques of their marketing and promotion, and the methods of using the same.

Article 3

Article 29 of the Original Law shall be amended so as to become as follows:

To be punished by imprisonment for a term of not less than fifteen years, and by a fine of not less than fifteen thousand Jordanian dinars and not more than twenty five thousand Jordanian dinars, or its equivalent in the legal currency of circulation, shall be each person who commits any of the crimes provided for under Article 28 of this Law by Decree, in any of the following cases:

1. In the case of repetition. The court shall be entitled to approve, in the establishment of repetition, any judgement rendered on the conviction of the culprit, including foreign court judgements.

2. In case the culprit forces a third party by any means of intimidation or fraud to commit the crime.

3. In case the culprit's activity is directed against a minor.

Article 4

A new article shall be added after Article 32 of the Original Law, bearing number 32 bis, as follows:

1. Three years' confinement with a stay of execution for a term of three years, starting from the expiration of the original penalty, shall be added to the penalty of each person who is convicted of committing a misdemeanour in violation of the provisions of this Law by Decree.

2. Five years' imprisonment with a stay of execution for a term of five years, starting from the expiration of the original penalty, shall be added to the penalty of each person who is convicted of committing a criminal offence in contravention to the provisions of this Law by Decree.

Article 5

All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this Law by Decree, which shall enter into force as of the date of its publication in the Official Gazette.

Promulgated in the city of Ramallah on September 4^th, 2020 Anno Domini,

Corresponding to Muharram 16^th, 1442 Anno Hegira.

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation