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Questions and Answers
What is the maximum duration for police surveillance following imprisonment for a crime affecting state security?
What is the maximum duration for police surveillance following imprisonment for a crime affecting state security?
- Five years (correct)
- Seven years
- Three years
- Ten years
Who can modify the duration or conditions of police surveillance?
Who can modify the duration or conditions of police surveillance?
- The President
- The Prime Minister
- The Supreme Court
- The Court in its ruling (correct)
What is the penalty for violating police surveillance rules?
What is the penalty for violating police surveillance rules?
- Up to one year imprisonment (correct)
- Up to six months imprisonment
- Up to two years imprisonment
- Up to five years imprisonment
For what duration can a court decide to deprive a convicted person of certain rights and privileges after a sentence exceeding one year?
For what duration can a court decide to deprive a convicted person of certain rights and privileges after a sentence exceeding one year?
Which document outlined the amendments to Article 100 regarding deprivation of rights and privileges?
Which document outlined the amendments to Article 100 regarding deprivation of rights and privileges?
When does the duration of deprivation start if an individual is released on conditional release?
When does the duration of deprivation start if an individual is released on conditional release?
Which court assumed the role of the Grand Criminal Court under the Judicial Organization Law No. 191 of 1171?
Which court assumed the role of the Grand Criminal Court under the Judicial Organization Law No. 191 of 1171?
What rights might a person be deprived of if sentenced to over one year in prison?
What rights might a person be deprived of if sentenced to over one year in prison?
Who has the right to request a review of the deprivation of rights after six months of release?
Who has the right to request a review of the deprivation of rights after six months of release?
For how long must one wait before submitting another request if the initial request for reviewing the deprivation of rights is denied?
For how long must one wait before submitting another request if the initial request for reviewing the deprivation of rights is denied?
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Study Notes
Police Surveillance
- A person sentenced to prison for a crime that threatens national security, whether internal or external, will be placed under police surveillance for a period equal to the duration of their sentence, not exceeding five years, after completing their sentence.
- The court may reduce the surveillance period, order exemption, or ease its restrictions.
Penalties for Violating Surveillance
- Anyone who violates police surveillance rules shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding 100 dinars.
Ancillary Penalties
- These penalties do not apply to the convicted person unless specified by the court in the conviction judgment.
Denial of Rights and Privileges
- According to Article 100, the court may deprive the convicted person of certain rights and privileges, including:
- Holding certain public offices or services, as specified in the judgment.
- Wearing national or foreign medals.
- Enjoying certain rights and privileges, as specified in the judgment.
Overlapping Penalties
- Multiple penalties for deprivation of rights and privileges shall be executed concurrently, and the longest penalty shall be applied after the convicted person is released from prison.
Conditional Release
- If the convicted person is released conditionally, the deprivation penalty shall start from the date of their release from prison.
- If the conditional release is revoked and the original sentence is reinstated, the deprivation penalty shall start from the date of completion of the original sentence.
Review of Deprivation Penalty
- The public prosecutor or the convicted person may submit a request to the Court of Appeal to reduce or cancel the remaining deprivation penalty after six months from the date of release from prison.
- The Court of Appeal shall investigate and issue a decision on the request, which shall be final.
- In case of rejection, a new request can be submitted after three months from the date of the rejection decision.
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