The General Directorate of Prisons revealed the launch of the “Exemption” initiative; Which allows inmates or their families to buy half of the sentence that was approved in the public right after the expiry of the sentence in the private right, and confirmed that the initiative is one of the ideas that are still under study and scrutiny.
And a video clip circulated on social media platforms last week showed that studies showed that if the convicts of 10,000 prisoners were purchased each year, the financial return would be in the range of 360 million riyals, while saving the prisoner’s cost, which is estimated at between 45,000 to 50,000 riyals per year, and the return would be The initiative’s finances ranged from one billion to one and a half billion annually by purchasing the remaining period and reducing the cost of prisoners for a period of two years.
The video revealed that the initiative, which aims to allow prisoners and their families to buy the remaining period of a prisoner's sentence in the public right, also aims to reduce the number of prisoners in prisons and enable non-Arabic speakers to buy the period; Given that the period is reduced in the event of memorizing the Holy Qur’an, amnesty is available to the general public, and social partnerships are established with businessmen and banks by releasing prisoners and improving correctional programs through the sums collected from the initiative, provided that the prisoner is not one of the criminal record holders and that he benefits from it only once.
The fruits of purchasing the term for the 5-year sentence
The clip showed an example, as a prisoner sentenced to 5 years (two years in the private right and three years in the public right) can buy half of the remaining period of the public right sentence after the end of the private right sentence and a year and a half of the public right; In other words, the remaining year and a half of the public right can be purchased at 18,000 riyals per year. The initiative being circulated coincides with statements about parties studying the mechanism of approving a system of alternative penalties, with an emphasis on the confinement of the authorities authorized to impose penalties in the courts only. According to Okaz's monitoring, the penal system aims in its texts to reduce the costs of custodial sentences. Returning to what has been discussed about the average cost of a prisoner, Saudi prisons seek to rehabilitate detainees and provide programs for them, as there are various factories, cultural, counseling and sports halls, lectures, seminars, technical, technical and vocational activities, technical and technical training institutes, workshops and seminars for memorizing the Qur’an, and public libraries other than activities and hosting for specialists and granting prisoners Complete their education, whether in prisons or observation homes for young people.
Limit corporal punishment
Former member of the Public Prosecution, lawyer and legal advisor, Hakam Al-Hakami, submitted a study to a number of competent authorities; Including the Ministry of Justice and the Public Prosecution, proposing to replace the prison sentence with large fines and the application of modern criminal principles and theories, such as theories of limiting punishment and replacing corporal sentences from stopping the accused during the investigation or issuing a sentence of imprisonment to a financial penalty at its highest level, in criminal cases of discretion in general and organized in particular
In a letter submitted to him by the Public Prosecutor and another similar letter to the Minister of Justice, President of the Supreme Judicial Council, he said that most of the defendants with whom he dealt during his work have a serious desire to redeem their imprisonment by paying the value of the financial penalty with its maximum limit stipulated in the penal system (discrimination) in place. The verdict, in exchange for the judicial authorities not sentencing him to corporal punishment (imprisonment).
Al-Hakami added that approving the activation of providing financial punishment over corporal punishment (imprisonment) would contribute to increasing government revenues, in addition to saving the financial costs that the state treasury bears annually when convicts are imprisoned, in addition to avoiding other damages of imprisonment for the accused, his family and others. This is consistent with the purposes of Islamic law, which made preserving money one of the five necessities, provided that this is in accordance with specific controls. Including, for example, the exception of penalties for the private right and those with precedents.
Bonuses and benefits for revenue agencies
Al-Hakami relied in his proposal on what was stipulated in Articles Five and Six of the State Revenue System, which granted incentives and rewards to public entities and employees, as Article Five stipulated (the entity that achieves an increase in its revenues within its budget appropriations shall be allocated an amount corresponding to 20% of the achieved increase in its revenues for the year The fiscal year ending for the previous year, except for the revenues of natural resources, the sale of real estate, penalties, and fines..) And Article Six of the State Revenue System stipulates (an incentive reward is granted to employees who have worked to achieve this increase, provided that the amount of the reward granted to each employee does not exceed three salaries in the fiscal year, and the regulations specify controls for granting this reward).
Al-Hakami cited in his proposal the existence of systems that give courts the estimation of punishment between imprisonment or a fine, or both, which amounts to millions of riyals. Such as what was stated in Article 9 of the Anti-Concealment Law, which preferred between imprisonment for a period not exceeding 5 years and a fine not exceeding 5 million riyals, or one of these two penalties.
In a similar study, he proposed the release of the accused in cases of organized chastisement, when he paid the maximum limit of the financial penalty, instead of detaining him until legally decided, and he explained in a letter to the Public Prosecution that based on axis (3) of the axes of Vision 2030 for an ambitious homeland, which included many obligations and goals. Including drawing the features of an effective government by enhancing efficiency, transparency, accountability and increasing non-oil revenues, and that the state encouraged government agencies and their employees in this regard.
He stressed that approving the release of the accused in a penal (discrimination) case upon paying the maximum limit of the financial penalty instead of arresting him would contribute to increasing government revenues, in addition to saving the financial costs incurred by the state treasury annually upon arresting the accused.
Suspension according to the available evidence
Lawyer Kholoud Majed Al-Ahmadi confirmed that the state spends millions of riyals on prisoners by providing them with headquarters, furniture, treatment, studies, guards, buildings, electricity and water bills, and workshops. The idea of studying the purchase of part of a convict prison was an important step to save a lot of effort, cost, and expenses in caring for and sheltering prisoners, in addition to finding a source of income from the purchase invoices for convict women when approved according to regulations and conditions. Lawyer Al-Ahmadi continued that the systems guarantee the rights of the accused in the stages of arrest, inspection, investigation and trial, and all of this is stipulated as legal articles in the applicable regulations and instructions received from the competent authorities, which are always repeated to confirm, remind and act upon, especially what was mentioned in the provisions of the criminal procedures and legal pleadings systems. And she explained that the instructions and regulations confirm that the principle of innocence and detention of the accused is within the limits of the available evidence and presumptions in crimes that require arrest.
Afraid of fine not jail!
Lawyer Khaled Abu Rashed believes that there are those who are deterred from committing a crime, because of their fear of a financial penalty, in return for people who are not deterred by harsh punishments such as long imprisonment or execution. And he indicated that any punishment has goals and objectives, as it is considered a punishment for the perpetrator of the crime. On the other hand, it is a means to deter anyone who tempts himself to commit it, but the punishment, no matter how harsh and severe it is, is not a decisive deterrent in all cases. There are crimes that carry the death penalty, but that did not prevent the perpetrators from committing them. response to a lot of people. Abu Rashed called for the importance of issuing a system to codify prison sentences in some public right cases, as well as private right cases, according to specific controls and requirements, and resorting to fines as much as possible and alternative penalties.
Fraudsters and multiplied check holders are excluded!
Attorney Ehab Abu Zarifa believes that the time has come to find laws to generalize the idea of abolishing prison sentences for prisoners of private right in some cases, with the exception of cases of fraud, fraud, theft, checks without balance, alimony for children and what the specialists see, and he said that the implementation system in its amendments stopped the imprisonment of the debtor in There are many cases, and therefore we look forward to an expansion in not imprisoning the accused during the investigation stage except in major crimes in which there is compelling evidence to stop the accused under investigation, in addition to expanding the provisions of large fines instead of imprisonment and providing the opportunity to buy part of the sentence according to certain conditions that are specified in the organization of a provision So.
Abu Zarifa added that the state incurs large expenditures to spend on the prisoner, whether he is under investigation or trial, and undertakes his subsistence, health care, education and training, provides him with comprehensive headquarters and services, and appoints staff and guards in prisons; In addition to providing them with various activities to qualify them. Pointing out that the choice of imprisonment affects the prisoner and his family as well as his surroundings and society, provided that imprisonment remains limited to those with precedents and major cases.
He added: The prisoner costs the state a lot due to the psychological, health and living care he needs and continuous follow-up, in addition to the security aspects that the prisoners need, in addition to the exorbitant material cost to the state. He added that until any proposed amendments are issued, it is necessary to cancel the so-called fine guarantee and replace it with a financial guarantee, as the fine guarantee is in fact an explicit and public call for imprisonment in many cases, as imprisonment does not only extend to the debtor, but also the guarantor who is liable. In the event of default, both of them become a burden on society.
Adnan Shabrawi (Jeddah) @Adnanshabrawi
