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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I was wrongly arrested and I was jailed for 5...

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I was wrongly arrested and I was jailed for 5 months and 13 days

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Federal Penal Code, you can file a case for compensation and rehabilitation, as Law No. 36 for the year 1992, and with regard to rehabilitation, the legal articles states:
Article 1
The consideration of any convicted person in a felony or misdemeanor involving moral turpitude or breach of trust is given in accordance with the provisions of this law.
Article 2
The consideration shall be given by virtue of the law if, during the following deadlines, a judgment has not been issued against the convict for a felony or a felony penalty, which is preserved in the criminal status newspaper:
First - If the sentence is a felony, and five years have passed since the sentence was executed, pardoned or overturned over the period.
Second - If the judgment is for a misdemeanor, and three years have passed since the penalty was executed or amnesty, unless the ruling deemed the convicted person to be a returnee, or if the sentence was terminated with the lapse of time, the period is five years.
Article 3
If a number of judgments are issued against the convicted person, he shall not be rehabilitated according to the rule of law, unless, in each of them, the conditions stipulated in the previous article are fulfilled.
Provided that in calculating the period, it is taken into account the most recent provisions.
Article 4
The judgment shall be issued for restitution from the criminal court of the convicted person’s domicile, upon his request.
Article 5
Consider the following:
First - That the punishment be a felony or a misdemeanor that violates honor or honesty and has been fully implemented, or an amnesty has been issued or it has fallen over the period of time.
Second - It must have passed from the date of the end of the execution or the issuance of the amnesty for two years if it was a felony penalty, or one year if it was a misdemeanor.
This period is doubled in the two cases of judgment for the return and the lapse of the sentence with the lapse of time.
Article 6
If the penalty was spent with a measure with it, then the period begins from the day on which the measure ends or is lost by the passing of the period.
If the convict has been released under a condition, the period shall not commence except from the date on which the release becomes subject to a final condition.
If the sentence is suspended, the period will start from the date of the ruling.
Article 7
The ruling for reinstatement must satisfy the convict of the financial obligations of the state or of the individuals who have been convicted of him, unless these obligations have expired or the convict has proven that he is in a state in which he is unable to fulfill.
The Public Prosecution sends a copy of the re-consideration ruling to the courts from which the sentence was issued or the measure is made to mark it on its margins, and it orders that it be indicated in the records prepared for this purpose.
Article 14
If the request for reinstatement is rejected due to a return to the behavior of the convict, it may not be renewed except after the lapse of six months. In other cases, it may be renewed if the conditions necessary for it are met.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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