Damascus-SANA
The investigating judge in Damascus, Fouad Sukkar, explained that Legislative Decree No. 24 issued by President Bashar al-Assad today erases the criminal character of some of the acts or crimes included in it, and the most important thing that distinguishes it is that it deals with crimes that are of the type of misdemeanor or infractions and the path of searching for any criminal description or other crime. Other penal provisions, wherever these misdemeanors are mentioned, as a general rule, are covered by the entire penalty, but there are exceptions for some crimes. Therefore, this decree is an opportunity for the convicted or arrested person to integrate into society, settle his situation, and compensate for the damage he caused.
Sukkar pointed out, in an interview with Al-Souria TV, that there are reasons that prevent the legislator from granting this amnesty in some crimes that he deems to be crimes that have a bad impact on society, such as the crime of adultery and prostitution, which is a crime excluded from the amnesty, as well as job-related crimes such as bribery, embezzlement, job investment, and abuse of power. Influence and crimes against the judiciary, such as submitting perjury, false translation, false jury, supply crimes, building violations, illegal electricity extraction, informatics crimes and public money. The penalty that deprives freedom or in terms of the penalty of a criminal fine resulting from this type of crime.
Sukkar indicated that with regard to articles 628 to 659 of the General Penal Code, which are related to crimes involving money, such as theft and fraud, they are covered by the amnesty, but it is conditional on dropping the personal right and paying the adjudged obligations if a judgment is issued in the case. Dropping the personal right only in order to preserve the personal rights.
Sukkar indicated that the amnesty decree from public order is applied immediately upon its issuance, and no one can evade its provisions, provided that it is applied within the provisions drawn up in this decree, pointing out that the Minister of Justice instructed the Public Prosecution Office, in his capacity as its head, according to the Procedure Law and the Syrian Constitution, to go to the widespread prisons. in the governorates in order to implement the effects of the provisions of this decree.
Sukkar warned that there are those who talk about fallacies in relation to this decree, and there are those who traffic in the misfortunes of people and give them illegal information, especially through social media, calling on citizens to review the notaries scattered in the governorates to answer any legal inquiries regarding the implementation of the decree.
In his turn, Judge Louay Lawrence Al-Afash, the Military Investigation Judge in Damascus, stated that the legislative decree included crimes of internal and external flight, as the legislator dropped the penalty and gave the fugitives time in line with their affairs, as he gave them a period of three months for internal flight and four months for external flight, indicating that it includes all misdemeanors and violations, and external flight is Criminal offense description.
Al-Afash said: The general amnesty is granted for crimes committed before the date of its issuance, and therefore if the person in prison is a military conscript, he will be released immediately and return to his service as if he had not committed a crime to continue his services from the point at which he stopped before his escape, but if he was a volunteer soldier, he continues his service As if he had committed no crime at all.
Al-Afash pointed out that a general amnesty is a law issued by the legislative authority, and it drops every original, secondary or additional penalty, but it does not include precautionary measures unless the amnesty law expressly stipulates that, and collected fines or confiscated items are not refunded, as there must be a special text for the measures. As a precautionary measure, indicating that if the person is in prison, he will be released, but if the broadcaster is looking for him, then the search for him will stop automatically without the need for any request. If the case is being considered before any other judicial reference, then this reference will drop the public right lawsuit.
Al-Afash called on the perpetrator of the crime of external escape to surrender himself through any port, whether land, sea or air, which is a documented case that so-and-so surrendered himself on such-and-such date. Submission is a formal condition to benefit from the provisions of the decree, indicating that if the escape was committed with another crime covered by the provisions of the amnesty decree, then The two offenses will be included in the provisions of the decree, but if there is internal flight and murder, then the crime of murder is not excluded, but flight is covered by the provisions of the decree.
Al-Afash said: The Syrian state fulfilled its legal and moral duty and issued a legislative decree that included crimes of internal flight and crimes of external flight with the provisions of the amnesty decree and the rest of the crimes in misdemeanors and violations except for those excluded. Indicating that the penalty for external flight may reach 15 years, and today if a person benefits from the provisions of the amnesty decree, the entire sentence will be dropped and all its effects will be removed.
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