The State Public Prosecution clarifies the provisions of the penal reconciliation
The Public Prosecution of the State, in a tweet published today on its accounts on social media, clarified the provisions of penal reconciliation.
The Public Prosecution indicated that according to the Code of Criminal Procedure, the Public Prosecution or the competent court, as the case may be, may take penal conciliation procedures according to an agreement between the victim, his special agent, heirs, or their own agent, and the accused to end the dispute in criminal matters amicably, and the conciliation entails the termination of the case. Penal proceedings or stay of execution of the judgment issued in it, as the case may be.
The victim, his private agent, his heirs or their special agent may prove reconciliation with the accused before the Public Prosecution or the court, as the case may be, in misdemeanors and violations stipulated in Articles 330 (first paragraph), 339, 343 (first paragraph), 352, 353, 372. , 373, 374, 378, 379 (first paragraph), 380, 394, 395, 399, 401, 402, 403, 404, 405, 406, 423 (first paragraph), 424 (first and second paragraphs), 425 (first paragraph ), 426, 428, 431, 433, 434 of the Penal Code, and in other cases stipulated by law.
Conciliation may be made in any state of the case, even after the judgment becomes final.
The accused, his special agent, his heirs, or their special agent may prove the reconciliation stipulated in the previous article, by virtue of an instrument certified by the competent notary public, and signed by the victim, his heirs, or their special agent, as the case may be.
In the cases stipulated in the law, if the victim or his heirs do not initiate reconciliation with the accused before submitting the accused to the criminal trial, the Public Prosecution may present the conciliation to the accused and the victim or his heirs, as the case may be, after informing the accused of his crime, evidence and punishment, and reparation for the damages afflicted the victim.
The term of conciliation referred to in the previous paragraph shall be fifteen days, and it may be extended for a similar period, and a report shall be drawn up of the measures that have been taken, and the results of the conciliation proposal.
The request to prove conciliation shall not be accepted before the Public Prosecution or the court, as the case may be, if it is dependent on a condition or coupled with a term.
In all cases, the conciliation results in the expiration of the criminal case, and the conciliation has no effect on the rights of the victim of the crime, unless they are waived or included in the conciliation report.
If conciliation takes place with the accused after the criminal judgment becomes conclusive, the Public Prosecution shall order a stay of execution.
The dissemination of this information comes within the framework of the State Public Prosecution's ongoing campaign to enhance the legal culture among members of society, and raise the level of public awareness of the law, with the aim of spreading the culture of law as a way of life.
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