Bahrain prosecution announces 'Higher the crime, higher the punishment’

TDT | Manama    

The Daily Tribune – www.newsofbahrain.com

Report by Mahir Haneef

Crimes in Bahrain involving higher levels of criminality or abuse will get harsher punishments and longer sentences than stipulated in law from now on, the prosecution announced yesterday.

Judges conducting the trial and sentencing in criminal cases can now exercise discretionary power, a statement from the Police Media Centre said.

The change is intended to allow judges to deliver punishments that require more severity in tune with the actual circumstances of a crime, the prosecution said.

After considering the foundations and standards of law, it was decided that higher punishments can be given as they result in achieving justice, satisfy the family and relatives of the victim as well as society, and accomplish societal and individual interests, the prosecution announced.

The greater the criminal intentions and actions of the offender and his insult or attack on the victim, the stronger the punishment will be, as the judge can now consider such special circumstances in a case, the prosecution explained.

Aggravating circumstances

While considering a case, a judge would be considering aggravating circumstances that are both physical or material and personal.

Aggravating circumstances of personal nature include the higher seriousness of the crime or the higher criminality of the offender, the statement revealed.

For example, premeditation in the crime of murder is considered an aggravating circumstance in cases involving torture before killing or mutilating a corpse.

Another example cited by the prosecution was the characteristics of the offender that indicate the abuse of trust or authority placed in him or her.

These include crimes such as raping or indecent assault of a servant or a public employee engaging in job-related crimes such as profiteering or embezzlement, the prosecution stated.

Aggravating circumstances of a physical or material nature relate to the material aspects of a crime that make it more dangerous.

It could be specific means, such as coercion in theft, or a specific place, such as destroying public buildings, or a specific time, such as theft at night, the prosecution stated.

Material circumstances also relate to the criminal outcome and relate to the gravity of the harm caused, such as a terrorist act, prosecution added.