Seven cases to be exempted from alternative punishment

Seven crimes have been exempted from the alternative punishment law, which has been prepared by the Justice Ministry and presented to the Cabinet’s experts committee for approval.

The alternative punishments including public service and voluntary work will replace lashes and jail sentences that do not exceed three years, ensuring the rights of plaintiffs and society.

The seven exempted crimes and cases include a person with criminal record; if the defendant is sentenced to more than three years in prison and if the crime comes under Shariah punishment.

Alternative punishment will not be applied if it causes more harm than jail; if it affects public security and causes harm to others; if the person had used weapons for committing the crime and if the crime had grossly violated the victim’s honor, Al-Madina reported on Wednesday.

The law allows the judge to replace conventional punishment with alternative one on the request of the defendant, considering the interest of the plaintiff and defendant.

If the defendant violates the court’s conditions, the court will have the right to change the punishment and impose additional alternative punishment on him.

Before issuing the sentence, the court is allowed to present the defendant to an expert committee comprising lawyers, sociologists, psychologists and social workers for its opinion on a suitable alternative punishment.

The court can also seek the committee’s advice on punishment for adult individuals if it was required.

The punishment such as public service or social and voluntary works without wage should not exceed four hours daily in place of jail sentence and should not exceed 18 months.

The defendant should not be denied official holidays, must compensate for the days he was absent from work and should bear the cost of transportation from his house to the place of work.

However, the state would bear expenses caused by vocational accidents if the work was for public benefit.

With regard to public right cases, a judge can replace half of the jail sentence, which does not exceed three years, and allow the defendant to get out of prison on specific conditions or remain in prison for certain hours every day, if he or she proved good conduct in the first year of imprisonment to reform the person.

The judge is allowed to prevent the defendant from contacting certain individuals or entering specific places if it would contribute to his reformation and would not have a negative impact on his personality and conduct. He can also prevent them from practicing certain activities, professions and trades if his crime had anything to do with those activities and if it would encourage him to commit the same crime.

The judge is allowed while implementing punishment restricting freedom outside prison to take necessary measures to control use of electronic devices or ask him to report to police station on specific days and times

In such cases, the verdict should specify the person whom the defendant should report to and the time and that agency should inform the court how far the defendant was following those orders.

The court will be allowed to change the punishment if the existing alternative punishment causes harm to the defendant or his family and if it does not conform to his physical and mental capabilities.

Alternative punishment includes participation in educational and developmental activities and extending services to organizations that were affected by the crime. Institutions where the defendant works can stop him from working if he violates conditions or if he cannot do the work.