Syed Hussein Al -Qassab
The Shura Council discussed the report of the Foreign Affairs, Defense and National Security Committee regarding a draft law to amend Article (56) of the Traffic Law issued by Law No. (23) of 2014.
The decision of the committee, Ali Al -Aradi, pointed out that the Traffic Law is one of the most important laws, as it aims to achieve traffic safety and prevent traffic accidents that may result in human and material losses, and the psychological, social and economic effects that affect them that affect the individual and society, so the Bahraini Traffic Law arranged financial penalties and other negative freedom for the actions that constitute a crime, in order to achieve public and private deterrence as in the interest of Society, and achieves traffic safety and safety in the roads.
The decision of the committee explained that it is necessary that the financial punishment established under the law be obligatory to implement the purpose behind its approval, as the financial punishment is an integral part of the punitive policy adopted in any punitive system, through which the legislator aims to push the violator to correct his misconception behavior before it develops or results in severe violations or crimes that require the deprivation of his freedom.
The committee’s decision affirmed that the draft law contradicts the principle of gradient and the speed of the accused’s response to the reconciliation stipulated in the third paragraph of Article (56) subject to amendment.
The Council decided not to approve in principle on the draft law, and return it to the House of Representatives to reconsider it.
The second deputy of the Chairman of the Council d. Jihad Al -Fadil, that the philosophy of reconciliation is based on achieving a balance between punishment and commitment to the law, noting that the extension of the reconciliation period in violations that affect lives and property is “unhealthy orientation.”
She added that this amendment may reflect negatively on the plan to accelerate the justice pursued by the Supreme Judicial Council, and criticized the absence of accurate statistics that justify the amendment, considering that the law should be a tool to deter violations, not facilitating their repetition.
For his part, a member of the Shura Council, Fouad Al -Hajji, stressed the importance of the law as related to the security and safety of citizens on the roads, noting that the reduction of penalties in this context may be understood as a kind of complacency.
He praised the efforts of the Ministry of Interior to reduce accident rates, stressing the need to enhance societal awareness to reduce dangerous traffic behaviors.
On the other hand, a member of the Shura Council, Dr. Ali Al -Haddad on the draft law, describing it as a “promising opportunity”, especially in light of the wave of global high prices, considering that it does not contradict deterrence, but rather takes into account the conditions of individuals without prejudice to road security.
On the other hand, a member of the Shura Council, Dalal Al -Zayed, stressed the importance of respecting the provisions of the Constitutional Court at the enactment of any legislation that affects the rights and freedoms, explaining that the extension of the reconciliation period requires taking into account the balance between legal procedures and constitutional guarantees, noting that the legislator set the original period (7 days) as a pre -emptive stage before the start of the investigation procedures or referral to the judiciary.
In turn, a member of the Shura Council d. Adel Al -Ma’adi, the amendment, explaining that the draft law does not weaken the prestige of the law, but rather takes into account the circumstances of the insolvent, stressing that the law “facilitates without emptying deterrence from its content,” calling for observance of social justice in the application of fines.
For her part, she considered a member of the Shura Council d. Ibtisam Al -Dalal that the amendment may violate the principle of gradient in deterrence, and described the justifications for deputies regarding the high prices as not related to the essence of the goal of deterrence, stressing the need to enhance the actual traffic presence in the streets despite technological progress.
For his part, member of the Shura Council d. Bassam Al -Banmah Muhammad that the Foreign Affairs, Defense and National Security Committee did not take the financial state when discussing the draft law, but only relied on the criterion of behavior and the consequences of it, considering that deterrence must be built on the nature of the violation, not on the possibilities of its perpetrator.
