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Federal Law for Organizing the Punitive Institutions

The last update on this law was listed on 10 Oct 1992

Related legislations

Date of enactment of the legislation

10 Oct 1992

Effective date

04 Dec 1993

Publication date in the official gazette

12 Oct 1992

Official Gazette No

243

Legislation State

Active

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Definitions

Article (1)

The following words and phrases shall have the meanings stated in front of each unless the context requires otherwise:
Penal establishments: The federal penal establishments affiliated to the administration concerned with such establishments in the ministry of Interior.
The competent administration: the administration concerned with the affairs of the penal establishments in the ministry of interior.
The committee: the committee of rehabilitating the juvenile sentenced to jail

Chapter (1) The kinds and Administration of the Penal Establishments and Inspecting Such

Article (2)

The penal establishments shall be established and the places and department of each establishment shall be determined upon a resolution from the minister of interior

Article (3)

The penal establishments are three kinds:
1.Establishments for men.
2.Establishments for women
3.Establishments for juveniles sentenced to jail with consideration to separating the two sexes.

Article (4)

Without violating the supervision of the public prosecution on the penal establishments as per the provisions of the criminal procedures law, such establishments shall follow the competent administration in the ministry of interior.
Each establishment shall be administered by a competent officer who shall be responsible for executing the laws and regulations related to the establishment and concerning what is related to guarding the prisoners in the establishment and executing orders issued from the competent authorities as per the provision of article (6) herein.
The officer shall be aided by an enough number of officers, staff officers, individuals, employers and clerks who under his supervision and according to his orders.

Article (5)

The penal establishment concerned with women shall be managed with a woman officer who shall undertake all tasks and responsibilities assigned to the officer as per the provisions of the present law and resolutions executing such law. If it is difficult to be managed with a woman officer, it shall be managed with an officer provided that woman supervision shall assist him in performing his tasks and shall be responsible before him.
Moreover, the employees and clerks of such establishment should be women as possible.
In all cases, whoever undertakes guarding the women prisoners and the service works related thereto shall be women.

Article (6)

The establishment officer shall execute each order issued from the competent public prosecution or from the competent court or any other authority concerned legally in addition to any order issued from the manager of the competent authority concerning his job duties.

Article (7)

The following records shall be prepared in each penal establishment.
1. A public record for each category of the prisoners.
2. A day book for the establishment.
3. A record for the Prisoners Secretariats.
4. A record for working the prisoners.
5. A record for the disciplinary penalties.
6. A record of the fugitives.
7. A record of the complaints and requests submitted from the prisoners.
8. A record of the judicial papers registrations.
9. The deportation record.
10. A record of juveniles' rehabilitation.
11. Any other record deemed necessary by the public prosecution or the manager of the competent administration.
A file shall be prepared for each prisoner including in particular a comprehensive research about his healthy and psychological case in addition to the other paper related to him.
The executive regulation shall organize the method of keeping such records and files the registration of such and keeping such except the records decided to be used by the public prosecutor as they shall be organized upon his resolution.
The establishment officer shall be responsible for such records and files.

Article (8)

The establishment officer shall notify the prisoner of any judgment or paper in the establishment. If the prisoner desires to send any of such to a person or a certain body, such papers should be sent with verifying that they reach in the legal time determined for such. Each pleading or appeal that the prisoner desires to file any of such by the establishment officer should be verified that they reach to the competent body in the decided time.
The procedures stated in the previous paragraph shall be recorded in the judicial papers registration record, the date of recording such shall be enforced in counting the periods stipulated in the laws of civil and criminal procedures.

Article (9)

Each prisoner shall have the right to submit at any time to the establishment officer a written or oral complaint requiring informing such to the competent public prosecution. The officer shall accept the complaint and notify such immediately to the public prosecution after recording such in the complaint record and shall present to the public prosecution all data required.

Article (10)

The competent public prosecution member shall have the right to enter the penal establishments at any time for making sure of executing laws and regulations and that there is no any prisoner illegally.
Such member shall also be entitled to check the records and papers for making sure that they are in conformity with laws, regulations and statutes each prisoner shall have the right to meet the public prosecution member during his existence in the establishment and to submit a complaint to him and the public prosecution shall examine such complaint and take whatever necessary concerning such and notify the public prosecutor of such.

Article (11)

Each prisoner shall be entitled to submit a complaint to the minister of interior or the public prosecutor or the competent administration manager or the establishment officer. He shall also have the right to ask for meeting the manager of the mentioned administration during inspecting the establishment.
The administration manager shall be committed to examine the submitted complaints and take the suitable procedure in this concern. The competent administration manager shall assign inspectors for inspecting the establishment and examining executing all laws, regulations and statutes and fulfilling conditions of cleanliness, health and security provided that he shall charge women inspectors with inspecting the establishments of women as possible the inspectors shall submit their reports for the result of inspection to the competent administration manager.

Article (12)

The establishment officer shall be committed not to license any person or body to visit the establishment unless in cases in which such visit is permissible as per the provisions of this law and its executive regulations. The establishment officer may order inspecting the suspected visitors. If the visitor refuses the inspection, he shall be banned from the visit with recording such in the establishment day book.

Chapter (2) Depositing the Prisoners and Determining Their Categories

Article (13)

It is not allowed to deposit any person at the penal establishment unless upon a written order issued from the competent public prosecution or the competent court or any other legally competent body. No person may remain in such establishment after the period determined in this matter.
The establishment officer should, before accepting any person in such establishment, receive the depositing order stating the name of whom issues and sign such order.
When the prisoner enters such establishment, the depositing order shall be summarized in the public record of its category, and if he is transformed from an establishment to another, he shall be sent with the deposit order and all the other related papers.

Article (14)

Each prisoner should be inspected when he enters the establishment and what he owns from forbidden things money and valuable things shall be taken and committed at the establishment safe for receiving such at the time of his release unless he desires to give such to a certain person who shall deliver such or to whom deputizes the prisoner legally.
Moreover what the prisoner hides or refuses to present shall be subject to the provisions of the previous paragraph and the prisoner shall be presented to discipline.

Article (15)

The prisoner clothes shall be gotten rid of if it is proved that such clothes are harmful to the public health inside the establishment. As for other clothes, the prisoner shall keep such during his deposit period for a year at least, but if such period is more than a year, clothes shall be handed over to whom selected by the prisoner or who deputizes him legally as conditions may be - if he refuses to hand over such clothes, it is allowed to sell the clothes for the account of the prisoner.

Article (16)

In applying the provisions of the present law, prisoners are divided into four categories:
Category (A)
Including the provisional prisoners and prisoners in a civil debt or a legal alimony or for paying the wergild or in cases of civil coercion and also the convicted in violations to seizure penalty.
Category (B)
Including those committed pending execution of the death penalty, discretionary and retaliation.
Category (C)
Including those sentenced to the penalty of jail, provisional imprisonment or life imprisonment
Category (D)
Including juveniles sentenced to the penalty of jail.
Without violating the provision of article (3) herein, in each establishment, there shall be places specialized for each of the mentioned category, each Category shall be classified into degrees as per age, the criminal history, the kind of crimes and the periods and kinds of penalty. The executive regulations shall clarify such degrees and the provisions related to transforming the prisoner from a degree to another.

Article (17)

Prisoners of category (A) shall have the following:
1. The right to wear their own clothes unless the administration decides that they shall wear the establishment clothes for considering health or cleanliness or the security interest. However they shall be entitled to wear their own clothes at the time of trial or for any other reason.
2. The right of bringing food types outside the establishment on their own account as per what is determined in the executive regulations.
3. Meeting their visitors and corresponding with whom they desire unless otherwise is stated in the deposit order for preventing such. The visit shall be made under the supervision of the establishment officer or his deputy.
The executive regulations shall state the visits' reasons and time permitted in such in addition to the method of registering the visitors' names.
4. The prisoner provisionally shall have the right of the single residence inside the establishment in cases and with conditions stated in the executive regulations.

Article (18)

The attorney of the prisoner provisionally shall have the right of meeting him in the establishment solely. The foreigners imprisoned provisionally shall have the right of communicating with their consul or with the authorities responsible for their interests.
In the two cases, a written permission from the competent public prosecution must be obtained and the meeting must be in the presence of one of the responsible for the establishment in a way that he shall not hear the talk.

Article (19)

It is not allowed to any of the public prosecution members to communicate with the prisoners provisionally inside the establishment unless by a written permission from the competent public prosecution.
The establishment officer shall write in the establishment day book, the name of the person permitted to do so, the time and period of the meeting and date and content of the permission.

Article (20)

The prisoners of category (A) may only clean their rooms unless the establishment administration views otherwise for considering their healthy case.
Those prisoners may, upon the approval of the establishment administration, practise their legal careers and hobbies inside the establishment and the possible means for such shall be prepared for them.
If it is necessary to operate one of those prisoners due to his cleverness, he must be given the wage suitable for his work.

Article (21)

The pregnant woman prisoner shall be treated, from time of the pregnancy appearance, as the prisoners of category (A) if she doesn't belong to such category. She shall be exempted from working in the establishment and shall be granted a special medical care concerning food and sleep. Executing any of the disciplinary procedures on her shall be delayed until the delivery as conditions may be she must be transformed to the hospital when the date of delivery becomes near and she shall stay there till she gives birth to her baby and until the doctor decides that she shall get out from the hospital she and her baby shall be granted the necessary healthy care, suitable food and clothes and comfort.
The woman prisoner shall be entitled to keep her baby until the age of two hegira years; but if she doesn't want her baby to stay with her or if her baby reaches such age, he shall be delivered to whom she selected from those have the nursery right otherwise, he shall be delivered to his father. If his father is not present, he shall be committed in one of the child care Institution with notifying the mother, in all cases, of his place and facilitating seeing her baby at periodical times in the way stated in the executive regulations.
In all cases, the child birth certificate should not mention that he is born in the establishment or in a hospital related thereto or refer to the case of his mother imprisonment.

Article (22)

Prisoners of category (B) may be treated as the prisoners of category (A) if the public prosecution or the establishment officer finds so.

Article (23)

The prisoner of category (C) shall have the right to correspond his relatives and friends and receiving them in the limits of what is decided in the executive regulations. His, attorney shall be licensed to meet him alone provided that he shall obtain a written permission from the competent public prosecution.
Such meeting shall be in the presence of one of those responsible for the establishment in a way that he shall not hear the talk.
The establishment officer shall review the correspondences of prisoners of the mentioned category and shall be entitled to ban sending or receiving such if he finds a reason for such with recording the case in the file of the prisoner.

Article (24)

It is not allowed that to prisoners of category (C) shall work unless in works determined in the executive regulations. They shall be paid a wage suitable for performing such works and the work hours may not exceed eight hours a day. In such work, their healthy case shall be taken into consideration and they shall work in careers in which they were working outside the establishment.
They may not work on Friday and in the official feasts except the necessary prison works such as cleanliness and cooking.

Article (25)

The manager of the competent administration may, after the approval of the minister of interior, decide giving those convict with the jail penalty from category (C) all or some of the privileges decided for the prisoners of category (A).

Article (26)

The executive regulations shall include the provisions related to the wages due for the prisoners of different categories especially concerning the method of determining such and the times of paying such.
Such wages may not be seized.

Article (27)

If the period of the convict stay in the establishment is more than four years, he should before releasing him, pass through a transitional period with consideration to decreasing restrictions and granting the privileges gradually as per the conditions stipulated in the executive regulations.

Article (28)

Periodical reports shall be submitted concerning the behaviour of each prisoner of category (c) and (d) in the way stated in the executive regulation

Chapter (3) Health Care

Article (29)

Each establishment shall have a doctor or more one of them is resident and charged with the prisoners' healthy care as per what is defined in the executive regulations. He shall be committed to check every prisoner at the time of entering the establishment, record his healthy and mental case in the public record for each category of the prisoners and to determine the works that he is able to perform.
As for the establishments of women, the doctors therein should women unless if it is necessary that a male doctor or more should exist.

Article (30)

The doctor shall visit the establishment and the prisoners for examining the healthy sides and what is related to cleanliness and food. The establishment officer shall execute the healthy procedures that the doctor deems necessary.
The competent establishment administration shall prepare the means of cleanliness and physical sport for the prisoners who shall have the right of enjoying two hours daily at least from their spare time in the air with in the limits decided in the executive regulations.

Article (31)

If the establishment doctor finds that the prisoner is afflicted with a mental disease, he shall decide presenting him to a medical committee formed upon a resolution from the health minister, among its members, their shall be one of the prison doctors and the legal doctor for examining him and recording his case. If it is decided that he shall be transformed to a hospital of mental diseases, he shall be transferred hereto upon an order from the competent administration manager with notifying the public prosecution. The period that he shall spend in the hospital shall be discounted from the penalty period.

Article (32)

If the establishment doctor finds that the prisoner is afflicted with a disease threatening his life or the life of others or disables him totally, the establishment's administration shall be committed to present him to the medical committee mentioned in the previous article for examining him and deciding in his healthy release.
The healthy release shall be upon a resolution issued from the public prosecutor and the ministry of interior shall be notified of such. The police station, in which department the prisoner is resident, shall present such prisoner to the competent governmental doctor every three months at maximum, unless he is dismissed from the state, for submitting a medical report about him for cancelling the order of the healthy release if necessary.
The report shall be presented to the mentioned medical committee. If it decided that he is recovered from the disease that necessitates releasing him, the order shall be offered to the public prosecutor for returning the prisoner to the establishment for completing the remaining period of the penalty.
The period that he spent outside the establishment shall be discounted from the penalty period.

Article 33

If the case of the patient prisoner reaches the danger degree upon the report of the establishment doctor, the establishment administration should notify his family and should license them to visit him without being restricted to the official time of the visit.
If the prisoner died, the doctor shall submit to the public prosecution a report which shall include the following details of which he can make sure:
1. The day when the dead patient complains from the disease for the first time or the day when he is noticed to be patient for the first time.
2. The work that he was performing in such day.
3. The food type that he eats in such day.
4. The day when he enters the hospital.
5. The day when the prison is notified of the prisoner's disease for the first time.
6. The disease kind.
7. The last time the doctor examines the patient before death and the medicine prescribed for him.
8. The time when the prisoner died.
The decedent family shall be notified immediately for receiving his corpse. If they didn't attend at the suitable time, he may be burned in the tomb of the body where the establishment is located after performing the decided legal rituals. In all cases, he may not be buried notifying the competent public prosecution pf the death and its reason, and before obtaining the burial license.

Chapter (4) The Social Care, Education and Teaching the Prisoners

Article (34)

Each penal establishment shall have a religious preacher or more for inciting the prisoners to apply the religious provisions to acquire the morals and fastening the religious restraint in them. In the establishment, a place for prayer shall be allocated and each prisoner shall be permitted to pray hereto unless if otherwise is necessary for the security moreover each establishment shall have a social specialist or more as stated in the executive regulations a committee shall be formed of the establishment officer, preacher, doctor, and social specialist such committee shall be specialized in examining the psychological and social case of each prisoner and shall present its recommendations to the establishment administration concerning his treatment according to the result of the examination. Moreover, the mentioned committee shall, before releasing the prisoner with an enough period, present the guidelines that guarantee an honourable way of life for the released person.

Article (35)

The establishment administration shall educate the prisoners and train them vocationally whenever possible for considering age the extent of preparation and the penalty period. The minister of interior shall, in an agreement with the ministry of education, put a curriculum of the scientific and vocational study after taking the opinion of the competent administration.
In each establishment, there shall be a library containing books, newspapers and magazines for enlightening the prisoners from the religious, moral and social sides and others in addition to encouraging them to make use of such books at their spare time.
The prisoner may bring on his cost, books magazines and newspapers as per what is decided in the executive regulations.

Article (36)

The establishment administration shall encourage the prisoners to review educate and facilitate, memorization for the prisoners who have a desire in continuing study in addition to permitting performing the exams in the committees headquarters.

Chapter (5) Disciplining the prisoners

Article (37)

Each prisoner who violates the laws or regulations or statutes applicable in the establishment shall be punished disciplinary without violating the criminal responsibility.
Each prisoner should be informed of the main duties that should be followed in the establishment and also the main forbidden things that should be avoided. The preacher and social specialist shall inform them of such duties and forbidden things from time to time.

Article (38)

The disciplinary penalties that may be applied on prisoners are the following:
1. Warning.
2 Depriving from all or some privileges decided for his category for a period not more thirty days.
3. Discounting from the wage for a period not more than seven days.
4. Solitary confinement for a period not more than seven days.
5. Degrading the prisoner for a degree less than his category for a period not exceeding six months if he is sentenced to a jail or a provisional imprisonment and a period not more than a year if he is sentenced to life imprisonment.
The establishment officer shall be entitled to implement the penalties stipulated in the mentioned items No (1), (2), (3) and (4).
The penalty stipulated in item (5) of the present article shall be implemented upon an order from the competent administration manager based on the request of the establishment officer.

Article (39)

No penalty of the penalties stated in the previous article may not be implemented unless after making an investigation including facing the prisoner with the crime attributed to him and hearing his sayings and his attorney. The resolution of implementing the penalty shall be reasonable and final.
The investigation should be in writing upon the knowledge of whom the establishment officer deputizes for this purpose.
In case of warning, the investigation may be oral provided that its content should be recorded in a minute signed by the investigator.
The penalties implemented on the prisoners shall be written in the record related to such and the public prosecution shall be notified of such.

Article (40)

Implementing any disciplinary penalty shall not prevent releasing the prisoner in the appointed time by virtue of the judgment issued against him or the order of his jail or commitment.

Chapter (6) Releasing the Prisoners

Article (41)

The prisoner shall be released at the afternoon of the day next to the day of ending the penalty period however, if the prisoner is decided to be put under the police probation or is among those who should be offered to the police, as per the law, the establishment administration should hand over the prisoner to the competent police station at the time stated in the previous paragraph.
If the prisoner is committed pending executing a body penalty the commitment order should mention the date of handing him over to the body that shall execute the penalty and the establishment body should hand the prisoner over to such body at the appointed time.
If the prisoner doesn't have suitable clothes at the time of his release and he is unable to obtain such, the establishment administration shall give him clothes as stated in the executive regulations.

Article (42)

The prisoner provisionally shall be released as soon as he completed the period mentioned in the commitment order unless it is extended or an order of releasing is issued before completing this period from the competent authorities unless he is imprisoned for another reason.

Article (43)

The healthy release of the prisoner shall be according to the provisions stated in article (32)

Article (44)

Each person sentenced to a freedom-restricting penalty shall be release for a period of a month or more if he spent three quarter of the penalty period and if during his existence in the establishment, he was a good conduct and his release shall not have a danger on the public security.
If the penalty is the life imprisonment, he shall be released if he spent twenty years at least.
Such release shall be upon a resolution from the minister of interior and the public prosecutor shall be notified of a copy of such.

Article (45)

The person sentenced to the life imprisonment, who spent fifteen years in executing the penalty, may submit a request to the establishment officer for releasing him and the officer shall say his opinion in such request and then he shall refer such with the prisoner file to the competent administration for exposing its opinion in the extent of the danger of releasing the prisoner on the public security. Afterwards, the papers shall be referred to the competent public prosecution for investigation the request and asking about the prisoner behaviour and making sure of his good conduct, and then the papers shall be submitted attached with its opinion to the court that issued the judgment with the penalty
The court shall judge releasing the prisoner if he proved to be of a good conduct. It may accompany the release with any of the procedures stipulated in the penal code.
The court judgment of approving or disapproving the request shall not accept appeal and if the request is refused, new request may not be submitted before a year at least from date of judgment with refusing the previous request.

Article (46)

With consideration to the provisions of multiplying the crimes and the penalties stipulated in the penal code, in case of multiplying the sentenced penalties for crimes committed before the sentenced enters the establishment, the release shall be on basis of the total of the periods of such penalties.
However, if the convict committed a crime during his absence in the establishment, the release shall be on basis of the remaining period at the time of committing the crime in addition to the period of the sentenced penalty because of committing such crime.

Article (47)

If the convict spent a period in the provisional jail, the release shall be on the basis of the whole sentenced period including the period of the provisional jail that should be discounted from the penalty period.
If a pardon is issued concerning decreasing the penalty period, the period decreased from the penalty by virtue of the pardon shall not enter in the counting the period that should be spent in the establishment for the release.

Article (48)

The public prosecutor shall be entitled to view the complaints submitted concerning the release, examine such and take whatever necessary for arising the reasons of such.

Chapter (7) Rehabilitating the Juveniles

Article (49)

A committee for rehabilitating the juveniles shall be formed upon a resolution from the minister of interior, in agreement with the minister of justice and Labour and social affairs, headed by one of the presidents of the federal public prosecution, including the following in its membership:
1. The establishment officer.
2. One of the specialists in psychology.
3. A representative of the ministry of education.
4. A representative of the social affairs.
The committee shall be entitled to ask the aid of whom it deemed necessary from the concerned.

Article (50)

The committee shall be specialized in putting the annual programs for educating, rehabilitating the juveniles and discussing giving the privileges decided for them in the present law.

Article (51)

Without restricting to the period stipulated in article (27) herein, the juvenile may be licensed to go out the establishment to visit his relatives in the official feasts and the exceptional conditions or in any other occasion. He may also be given an exceptional vocation, upon a resolution from the minister of interior based on the committee recommendation.
The executive regulations shall organize the conditions and rules of giving the juvenile such privileges.

Article (52)

Upon a resolution from the minister of interior, the law of the restricted freedom of the juveniles may be applied through their working outside the establishment in any commercial or industrial establishment or other during the day and upon the committee recommendation.

Article (53)

The establishment officer shall be responsible for running the work herein and shall undertake supervising the execution of the program of rehabilitating the juveniles in the light of what is decided by the committee.

Article (54)

If the imprisoned juveniles reach the age of eighteen, places separated from those who do not reach such age shall be specialized for them.

Article (55)

The disciplinary penalties that may be implemented on the juveniles are the following:
1. Reprimand.
2. Warning.
3. Depriving from all or some of the privileges for a period not exceeding two weeks.
4. Depriving from vacations for a period not exceeding forty five day.

Chapter (8) Executing the Penalties

Article (56)

The death penalties and the remaining retaliation and doctrinal penalties shall be executed as per the provisions of the Islamic Shari'ah.

Article (57)

The convict corpse shall be delivered to his family after the execution. If no one of his family comes for receiving such during twenty four hour, the establishment administration shall bury the corpse without violating the decided religious rituals.

Chapter (9) Final Provisions

Article (58)

The establishment officer may order, as a provisional procedure, shackling his hands and legs if he causes a riot a strong attack or there is a fear of his escape.
He shall be committed to refer the order immediately competent administration manager for discussing applying the disciplinary penalties on the prisoner.
The shackling period may not be more than seventy two hours before applying the disciplinary penalties. The matter shall be recorded in the establishment day record with a statement of the reasons of such.

Article (59)

Without violating the cases and conditions of using the weapon stipulated in the mentioned federal law no. (12) For the year 1976, the establishment officer and the police men, assigned to the guardianship, may use their fire weapons against the prisoners in the following cases:
1. Deterring any attach or resistance accompanied with using strength if they are unable to deter such with the other means.
2. Ending the prisoners' rebellion if they are armed with killing instruments and they refused getting rid of such instruments after asking them for doing such.
3. Preventing the prisoner escape if he cannot be prevented by other means. In such case, firing shall be in the air. If such is not benefit, he shall be fired in his legs.
In all cases, the public prosecution should be notified immediately for making the investigation and the ministry of interior should also be notified.

Article (60)

The prisoners should also be notified, when they enter the penal establishment and when they leave such for working outside, of the provisions of articles (58) and (59) herein and of the penalties decided for escaping from the establishment.

Article (61)

The following shall be punished with jail for a period not exceeding six months and a fine not exceeding three thousand dirham or with one of such two penalties:
1. Each person who enters or attempts to enter any thing violating laws, regulations and resolutions regulating the establishment inside the establishment with any method and also any person who enters or get out messages from the establishment violating the mentioned laws, regulations and resolutions.
2. Each person who gives a prisoner any forbidden thing during his transformation from a body to another.
If one of the crimes stipulated in the previous items are committed by one of the workers in the establishment or those assigned to guard the prisoner, the penalty shall be for a period not less than three months and a fine not less them three thousand dirham or one of the two penalties without violating any server penalty.
The establishment administration should hang the text of the present article in a clear place on its outside door.

Article (62)

An isolated place shall be specialized in the establishment for the foreigners about whom a judicial judgment is issued for their deportation from the state in order to be sized therein provisionally until the deportation order is executed.
Those shall be treated as those imprisonments provisionally.

Article (63)

The executive regulations for this law shall be issued upon a resolution from the minister of interior in an agreement with the minister of justice.

Article (64)

The Ministers, each in his respective powers, shall implement this law.

Article (65)

This law shall be promulgated in the official gazette and shall be in effect after six months from date of its promulgation.

Translated in cooperation with