A presidential amnesty includes some anti-terrorism crimes along with crimes of internal and external flee.
The first article stipulated the replacement of the death penalty with life imprisonment with hard labor, the replacement of life imprisonment with hard labor with temporary hard labor for a period of / 20 / years, and the replacement of the life imprisonment with the temporary imprisonment for / 20 / years.
The article pointed out that the mitigation provisions do not apply to the felonies that result in personal harm unless the affected party forfeits his/her personal right, and the payment of the imposed amount of compensation is not considered as forfeiting, in addition to the cases where the aggrieved party did not submit a personal claim within / 60 / days from the effective date of the decree, otherwise the mitigation provisions will be applied.
The decree exempted every person with an incurable disease from the full life or temporary penalty that deprives of liberty, while Article 3 exempted every convict with a final ruling and reached the age of seventy on the date of the issuance of the decree for the entire life or temporary sentence and deprivation of liberty.
In the fourth article of the decree, the perpetrators of the crimes stipulated in Articles / 285 / and / 286 / and paragraph / 1 / of Article / 293 / / 295 / and paragraph / 1 / of Article / 305 / and paragraph / 1 / of Article / 306 / from the Syrian Penal Code and its amendments, from the full penalty if the perpetrator is a Syrian.
In the fifth article, there is amnesty for the full punishment for the crimes stipulated in Article / 2 / if the perpetrator was Syrian and paragraph / 2 / of Article / 7 / and Articles / 8 / and / 10 / of Law No. / 19 / of the year 2012 related to combating Terrorism, with the exception of the crimes stipulated in paragraph / 2 / of Article / 5 / and paragraph / 3 / of Article / 6 / of the same law.
The decree exempted the perpetrators of the kidnapping crime stipulated in Article / 1 / of Decree No. 20 of 2013 from the full penalty provided that the kidnapper initiates the safe release of the kidnapped without charge or that he extradite him to the competent authorities within a month from the date of the enforcement of the decree. These provisions apply to kidnapping crimes mentioned in Article / 556 / of the Penal Code No. 148 of 1949 and its amendments.
The perpetrators of the crimes stipulated in Decree No. 13 of 1974 related to smuggling materials subject to fees or prohibited or restricted to importing and exporting them are exempted from the penalty that deprives of freedom. The smuggling of arms and drugs is excluded according to two conditions, making settlement and paying the fine to the Customs Administration and the exchange offices or the competent department in relation to the cases where judgments have been issued, or making a settlement with the customs administration and exchange offices change or the competent department with respect to the cases that are still pending before the judiciary.
Article 8 of the decree exempted the perpetrators of the crimes stipulated in Article / 43 / of Law No. 2 of 1993 regarding drug control in Syria from the full penalty and exemption from a third of the misdemeanor penalty mentioned in the rest of the articles of the same law.
Article 9 of the decree stipulated amnesty for the entire misdemeanor punishment contained in Decree No. 54 of 2013 regarding prohibiting dealing other than the Syrian pound, while the amnesty does not include confiscations imposed by the judiciary, in addition to pardoning two-thirds of the misdemeanor penalty stipulated in the same decree if the convicted person paid his obligations towards the Central Bank of Syria and this does not include the confiscation imposed by the judiciary. In addition, the amnesty does not include the crimes committed after the issuance of Legislative
Decree No. / 3 / for the year 2020 related to lifting the punishment of dealers with other than the Syrian pound.
Article / 10 / exempted the convicts from the half of the temporary criminal penalty that deprived of liberty, and the half the misdemeanor penalty for the crimes mentioned in articles / 341 / and / 345 / to / 355 / and / 386 / and / 387 / and / 428 / / 450 / and / 451 /, 453 /, 455 / and 584 of the General Penal Code and its amendments, and on the full penalty for misdemeanors and offenses.
The decree stipulated amnesty for half the punishment for juvenile crime, and all measures for reform and care for minors in misdemeanors, and Article / 12 / of the decree stipulated amnesty for the entire punishment for perpetrators of internal flee crimes stipulated in Article / 100 / of the Military Penal Code, and for the full punishment for those who committed crimes of external flee mentioned in Article / 101 / of the same law and those who committed crimes of flee mentioned in paragraph / 4 / of Article / 103 / of the Law.
The provisions of the amnesty do not include those in hiding, except if they surrender themselves during / 3 / months for internal flight and / 6 / months for external flight starting from the enforcement of the decree. The decree also exempted from the full misdemeanor punishment stipulated in Paragraph A of Article 133 and half the penalty for other crimes mentioned in the same article of the Military Penal Code, in addition to half of the misdemeanor punishment mentioned in Articles 134 and 135 of the same law.
The amnesty excludes perpetrators of smuggling weapons and explosives and crimes contained in the Penal Code and its amendments in articles: / 263 / / 266 / and / 268 / and / 271 / to / 277 and paragraph 3 of Article 305 if the act led to killing a human being, and paragraph 3 of Article 326/361/376/378/382/397/398/402/403/405/476 / To / 478 / and / 489 / to / 496 / and / 499 / to / 502 / / 520 / and / 577 / and 730 /.
The perpetrators of the crimes mentioned in Articles 154 to 160 are also exempt from the Military Penal Code, and the perpetrators of the crimes mentioned in Law No. 10 of 1961 related to combating prostitution, and the crimes mentioned in Decree 68 of 1953 related to preventing Transferring goods from enemy countries, and the crimes mentioned in Law No. 286 of 1956 regarding preventing dealing with the Israeli occupation entity, and the decree excludes exemption from all fines of any kind.
In order to benefit from its provisions, with regard to Article (1), the decree stipulated that for the convicted party for final judgment to pay sums, compensations and obligations imposed on behalf of the claimant party in accordance with the established principles or provide for the removal of the personal right, in relation to the felonies and misdemeanors stipulated in Articles 628 to 659 of the Law Penalties if the public lawsuit has not been moved or is in the process of trial, the amenity will not be used unless there is a forfeiture of a personal right and the affected party must pay the prosecution advance within sixty days from the enforcement of this legislative decree and if this period has passed and the prosecution has not been submitted, the provisions of this legislative decree are applied. If there is a definite ruling for the convict to benefit from the provisions of this Legislative Decree by paying the imposed obligations, as it will be paid in the place of forfeiting the personal right.
Likewise, those who are hidden from view do not benefit from the pardon, unless they surrender themselves within / 6 / months to the competent authorities, while the Minister of Justice, in coordination with the Minister of Defense, creates medical committees to examine the beneficiaries of the provisions of Article / 2 / based on an application submitted by the beneficiary within a maximum period of one month from the issuance of the decree and the reports of the medical committees are issued by a decision of the Minister of Defense or the Minister of Justice, each in its field of competence.
The decree noted that it does not include the invitation to the personal right that remains within the jurisdiction of the court that has its hand over the public right claim, and the injured party may in all cases file the case before the criminal court within a period of one year from the date of the decree, while his right to reside will expire after this period before this court and remains to reside in the competent civil court.