Law by Decree No. 26 of 2020 Concerning the Amendment of the Penal Law No. 16 of 1960, as Amended

Law by Decree No. 26 of 2020

Concerning the Amendment of the Penal Law No. 16 of 1960, 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 Penal Law No. 16 of 1960, as amended, and the Penal Law No. 74 of 1936, 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 Penal Law No. 16 of 1960, as amended, shall be referred to as the Original Law.

Article 2

A new paragraph shall be added to Article 14 of the Original Law, bearing number 6, as follows:

6. Imprisonment with a stay of execution.

Article 3

A new paragraph shall be added to Article 15 of the Original Law, bearing number 4, as follows:

4. Confinement with a stay of execution.

Article 4

A new article shall be added after Article 20 of the Original Law, bearing number 20 bis, as follows:

1. Confinement with a stay of execution: A penalty of confinement, the execution of which is contingent on the condition of repetition of the crime by the convict or his commission of another crime relating thereto, within a period of time that is specified by the Law.

2. Imprisonment with a stay of execution: A penalty of imprisonment, the execution of which is contingent on the condition of repetition of the crime by the convict or his commission of another crime relating thereto, within a period of time that is specified by the Law.

Article 5

Paragraph 1 of Article 185 of the Original Law shall be amended so as to become as follows:

1. The person who attacks or violently resists, in the event he is armed, an employee while he is enforcing laws or regulations in force, collecting legally prescribed fees and taxes, or executing a court judgement, order or any order issued forth by a competent authority, shall be punished by confinement for a term of not less than one year and not more than three years, by a fine of not less than one thousand Jordanian dinars and not more than three thousand Jordanian dinars, or its equivalent in the legal currency of circulation, by two years’ confinement with a stay of execution for a term of three years, starting from the expiration of the actual penalty, and by confinement for a term of not less than six months and not more than one year in the event he is unarmed.

Article 6

Paragraphs 1 and 2 of Article 187 of the Original Law shall be amended so as to become as follows:

1. A person who beats or assaults an employee under an external effect, treats him violently or harshly, threatens him, or draws a weapon in his face while he is exercising his office or by reason of the actions he has taken by virtue of such office, shall be punished by confinement for a term of not less than one year and not more than two years, by a fine of not less than one thousand Jordanian dinars and not more than three thousand Jordanian dinars, or its equivalent in the legal currency of circulation, and by two years’ confinement with a stay of execution for a term of three years, starting from the expiration of the actual penalty.

2. In the event the act is directed against a judge, a member of the Public Prosecution, a Judicial Police officer, or a security officer while he is exercising his office, the person shall be punished by confinement for a term of not less than two years and not more than three years, by a fine of not less than two thousand Jordanian dinars and not more than five thousand Jordanian dinars, or its equivalent in the legal currency of circulation, and by a three years’ confinement with a stay of execution for a term of three years, starting from the expiration of the actual penalty.

Article 7

Notwithstanding the provisions of any other Law, and without prejudice to any more aggravated penalty, the provisions of this Law by Decree shall be applicable to the whole of the Palestinian territory.

Article 8

All provisions that contradict the provisions of this Law by Decree shall be repealed

Article 9

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 August 31^st, 2020 Anno Domini,

Corresponding to Muharram 12^th, 1442 Anno Hegira.

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation