Article that caused the delay in the approval of the “general amnesty” law

After the legislative session was postponed and the general amnesty law passed until October 20, the president of Parliament, Nabih Berri, said that “there is an article 9 in the proposal that has not been agreed.”

Article 9 establishes that “With the exception of crimes referred to the Council of the Judiciary or for which the Council of the Judiciary has issued sentences prior to the date of this law, those convicted who have not benefited from the pardon stipulated in the Article 1 of this law are exempt from serving the sentence, provided they have already spent in prison. Three-quarters of the term of the penalty imposed against him “.

In accordance with article 9, all persons who have committed crimes not covered by the amnesty before the date of enactment of this law enjoy this exemption, even if no sentences have been handed down against them or legal proceedings have not been initiated. against them and the death penalty will be replaced by permanent forced labor and, consequently, those sentenced to death are exempt from serving a period. Its sanction is when the following two conditions are met simultaneously: That the actual execution period is not less than twenty-five years in prison, and that the convicted person has reached the minimum of sixty-five years.

Likewise, in accordance with the provisions of the article, persons sentenced to life imprisonment are exempt from serving the rest of their sentence when the following two conditions are met simultaneously: that the period of the effective execution penalty is not less than twenty years imprisonment, and that the convicted person has reached the minimum of sixty-five years.

The article establishes that “against the provisions in the course of the time provided for in articles 193 and later of the Penal Code, the penalties for default sentences handed down fifteen years ago will automatically expire.”
Since the validity of this law, with the exception of the sentences handed down by the Council of the Judiciary “.

According to the article, the persons protected by this law who have served their sentences based on the provisions of Law No. 2002/493, modified by Law No. 183/2011, do not enjoy the exemption.
The provisions of this article except within the percentage in which the reduction and the exemption do not simultaneously exceed a quarter of the enforceable penalty.