Complete Details of Legislative Decree No. (27) of 2024 In Syria Granting a General Amnesty for Crimes of Desertion, Misdemeanors, and Violations Committed Before 22-9-2024
On September 22, 2024, Legislative Decree No. (27) has been issued, which includes a general amnesty for crimes of desertion, misdemeanors, and violations committed before 22-9-2024.
The decree grants a general amnesty for the full sentence of individuals convicted of internal and external desertion crimes as stipulated in the Military Penal Code. However, the provisions of this decree do not apply to those who are in hiding or fugitives from justice unless they surrender within three months for internal desertion and four months for external desertion.
The decree also includes a general amnesty for the full sentence of misdemeanors and violations, except for certain misdemeanors that constitute a serious assault on society and the state, bribery, certain types of forgery, public decency violations, and some types of theft.
The amnesty excludes certain misdemeanors stipulated in construction regulations, economic crimes, electricity theft, the use of fraudulent means to obtain communication services, consumer protection law violations, misdemeanors related to organizing public examinations, attacks on forests, and those related to dealing in currencies other than the Syrian pound.
For misdemeanors involving attacks on personal property, compensation to the victim is required. This amnesty does not affect personal lawsuits, which remain under the jurisdiction of the court handling the public case. The harmed party may file their lawsuit before the criminal court within one year from the date of issuance of this legislative decree.
Here is the full text of the decree:
Legislative Decree No. (27)
President of the Republic
Based on the provisions of the Constitution,
It is decreed as follows:
Article (1):
A general amnesty is granted for crimes committed before 22-9-2024 in accordance with the provisions of this legislative decree.
Chapter One: Amnesty for the Full Sentence
Article (2):
a) Amnesty for the full sentence in the following crimes stipulated in the Military Penal Code issued by Legislative Decree No. (61) of 1950 and its amendments:
- The crime of internal desertion as stipulated in Article 100.
- The crime of external desertion as stipulated in Article 101.
b) The provisions of paragraph (a) of this article do not apply to individuals in hiding or fugitives from justice unless they surrender within three months for internal desertion and four months for external desertion.
Article (3):
Amnesty for the full sentence in misdemeanors and violations.
Chapter Two: Exceptions to the Amnesty
Article (4):
The following are excluded from the provisions of this legislative decree: a) Crimes stipulated in the following articles of the Penal Code issued by Legislative Decree No. (148) of 1949 and its amendments:
(271-273-275-276-277-341-347-348-349-351-361-386-387-398-402-403-405-428) and (450 to 460) and (473 to 478) and (499-500-504-507-517-518-520-576-579-580-584-625 bis).
b) Crimes stipulated in the following articles of the Military Penal Code issued by Legislative Decree No. (61) of 1950 and its amendments:
Paragraphs (b-c-d) of Article 133, and Articles 134 and 140.
c) Crimes stipulated in Legislative Decree No. 68 of 1953.
d) Crimes stipulated in Law No. 286 of 1956.
e) Crimes stipulated in Law No. 10 of 1961.
f) Crimes stipulated in Law No. 24 of 2006 and its amendments.
g) Crimes stipulated in Article 67 of the Telecommunications Law issued by Law No. 18 of 2010 and its amendments.
h) Crimes stipulated in Legislative Decree No. 40 of 2012 and its amendments.
i) Crimes stipulated in Law No. 3 of 2013 and its amendments.
j) Crimes stipulated in Legislative Decree No. 35 of 2015 and its amendments.
k) Crimes stipulated in Law No. 14 of 2015 and Legislative Decree No. 8 of 2021.
l) Crimes stipulated in Law No. 20 of 2022.
m) Crimes stipulated in Law No. 7 of 2023.
n) Crimes stipulated in Law No. 42 of 2023.
o) Crimes stipulated in the following articles of Law No. 39 of 2023:
- Articles 44, 48, 49, 52, 54, 57, 58, 61, 62.
- Article 55 regarding violations of paragraphs i-k-l of Article 4, and paragraph a of Article 6.
- Article 59 regarding violations of Article 34.
p) Crimes stipulated in Legislative Decree No. 5 of 2024.
Article (5):
The provisions of this legislative decree do not include: a) Fines for violations of currency exchange, transfer systems, traffic, tobacco, stamps, and related laws. b) All fines stipulated in laws with the nature of civil compensation.
Chapter Three: General and Final Provisions
Article (6):
Regarding the misdemeanors stipulated in Articles 628 to 659 of the Penal Code issued by Legislative Decree No. 148 of 1949 and its amendments, benefiting from the amnesty requires the following: a) The convict must settle the obligations ruled in favor of the plaintiff in accordance with applicable procedures or present a personal right waiver. b) If the public lawsuit has not been initiated or is still in progress, benefiting from the amnesty requires a personal right waiver. The harmed party must pay a claim deposit within 30 days of the enactment of this legislative decree. If this period expires without payment, the provisions of this legislative decree apply. If a final judgment is issued, the convict benefits from the provisions of this legislative decree upon presenting a personal right waiver or by settling the ruled obligations.
Article (7):
This amnesty does not affect personal lawsuits, which remain under the jurisdiction of the court handling the public case. The harmed party may file their lawsuit before the criminal court within one year from the date of issuance of this legislative decree. If this period expires without filing, the harmed party may still file their lawsuit before the competent civil court.
Article (8):
This legislative decree shall be published in the official gazette and shall be effective from the date of its issuance.
Damascus on 19-3-1446 AH, corresponding to 22-9-2024 AD
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