Regulation No. 46 of 2022 was issued in the Official Gazette on the means and mechanisms for implementing alternatives to penalties depriving of liberty in accordance with paragraph 5 of Article 25 bis second, of the Penal Code No. 16 of 1960, which shall be implemented immediately upon its publication in the Gazette.
The provisions of this system shall apply to the case of ruling any of the alternatives to the penalties depriving of liberty, as specified by the Penal Code. These alternatives include community service, community and electronic monitoring, and the prohibition of the convict from going to specific places.
The system specified the authority to follow up on the implementation of these alternatives in a directorate affiliated with the Ministry of Justice, which supervises the implementation of the alternatives with all the competent authorities, and submits periodic follow-up reports on the extent of the convict’s commitment to implement the alternative punishment to the competent judge, and coordinate with the partner authorities in proposing rehabilitation programs and types of work for the public benefit. Within the approved entity, and provide the courts with a periodically updated list of the entities approved to implement these alternatives.
The system clarifies the role that the liaison officer assigned by the court will play to implement these alternatives, which is to prepare a case report according to a specific form, which is provided with the case file of the convict. The law, and then issues a judgment memorandum against the convict that includes the details of the judgment if it is adversarial and a notification note if the judgment is adversarial.
The sixth article of the system stipulates that if the judgment acquires a final degree, a copy of the judgment decision, social status report and judgment summary is sent to the penalty execution judge, who in turn records the case on paper and electronically and is given a serial number, then a file is created for it, and a copy of the file is sent to The Directorate for these cases at the Ministry of Justice.
The system indicated that the Ministry of Justice, through the directorate concerned with supervising those convicted of these alternatives, will make periodic supervisory visits to them in the places where the punishment has been chosen, and prepare the final report that includes the completion of the sentence and submit it to the competent judge who is in charge of ending the case.
Article 8 of the system clarifies the mechanism for implementing electronic monitoring of convicts, where the court issues this type of alternative after confirming the technical and technical capabilities and that the decision includes the time period and the geographical scope specified in a geographical area or a specific path or both.
The system showed the steps of electronic monitoring and installing the bracelet for the convicts, which is first done by bringing the convict to the execution judge, then entering the special data on the bracelet and returning it to the judge to verify and verify the information. The liaison officer then installs the bracelet for the convict under the supervision of the judge.
The Directorate of Operations and Control at the Public Security Directorate monitors the convict’s commitment to this alternative and prepares the necessary periodic reports on his path, geographical area, or both.
The system indicated that if the convict tampers with the electronic bracelet and destroys it, it is seized and deposited with the penalty execution judge to take legal action against him.
Article 11 of the system referred to the mechanism for applying these alternatives to the approved authorities, represented by handing over a file to the convict and guiding him to the place where he will carry out the penalty, and naming a liaison officer with this agency to follow up on the convict in a way that does not affect his dignity and takes into account the confidentiality and privacy of gender and people with disabilities during the penalty implementation process.
It is noteworthy that Jordan, as part of its modern criminal policy, approved the application of alternatives to penalties that deprive of liberty and began to be implemented years ago, and approved in the amendments it made to the Penal Code a further expansion of the use of these alternatives, which aims to give convicts and perpetrators of crimes for the first time an opportunity to reform themselves and not cut off their livelihood and prevent their mixing with regular criminals and major issues.
(Petra)