Does giving up a private right waive the penalty?

Does giving up a private right waive the penalty?

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

No, not necessarily. Waiving a private right forwards the victim’s private right, such as a claim for retribution, blood money, or compensation, depending on the nature of the case, but it does not automatically lead to the forfeiture of the penalty related to the public right.

Article Twenty-Three of the Code of Criminal Procedure stipulates:

 The special criminal case shall lapse in one of the following two cases: 1 – Issuance of a final judgment. 2 – Pardon of the victim or his heir. The pardon does not prevent the victim or his heir from continuing the public right claim.”

Article 151 of the law also stipulates:

 “the plaintiff with the private right leaving his claim shall have no effect on the general criminal claim.”

Accordingly:

• If the waiver is issued by someone who has the private right, the private claim expires within the limits of his waiver.
• The Public Prosecution and the court shall have the authority to continue the general criminal case and impose the penalty prescribed for public rights whenever the public interest so requires.
• If there are multiple victims or heirs of the victim, the pardon of some of them does not terminate the rights of the rest, according to Article Eleven of the Executive Regulations of the Criminal Procedure System.
• In crimes whose harm is limited to the victim, filing a lawsuit is originally linked to his complaint in accordance with Article Seventeen of the Code of Criminal Procedure, while the public interest exception remains for the Public Prosecution.
• Specifically, with regard to the crime of harassment, Article 3 of the Anti-Harassment Crime Law states: “The victim’s waiver or failure to file a complaint shall not prevent the competent authorities from having the right – by law – to take whatever they deem to be in the public interest.”

Conclusion: Waiver terminates the private right, but it does not erase the crime and does not guarantee the waiver of imprisonment, a fine, or any penalty for the public right. The final practical effect is determined by the type of crime, the existence of a special provision, the stage of the case, and what the court decides regarding the public right.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article Twenty-Three of the Code of Criminal Procedure
• Article 151 of the Code of Criminal Procedure
• Article Seventeen of the Code of Criminal Procedure
• Article 3 of the Anti-Harassment Crime Law