Bahraini Criminal Law and Procedure
Core Concepts
Bahraini criminal law is based on the Penal Code (Legislative Decree No. 15 of 1976) and the Criminal Procedure Law (Legislative Decree No. 46 of 2002). Key principles: legality (no crime without law), presumption of innocence, and non-retroactivity. Crimes are classified as felonies (جنح), misdemeanors (مخالفات), and contraventions. Elements of a crime: actus reus (المادي) and mens rea (المعنوي).
Traps and Distinctions
Questions often test the distinction between attempt and preparation. Attempt requires an act that directly tends to commit the crime and is not merely preparatory. Another trap: the concept of "legal excuse" (عذر قانوني) versus "justification" (سبب مباح). Justification negates illegality (e.g., self-defense), while excuse negates culpability (e.g., minority). Also, the age of criminal responsibility is 15; juveniles are subject to special measures.
Worked Example
A shoots at B but misses. Is it attempted murder? Yes, if the act was more than mere preparation and there was intent to kill. If A only bought a gun, that is preparation, not attempt. The penalty for attempt is the penalty for the full crime reduced by one degree (e.g., life imprisonment becomes 15 years).
Rule of Thumb
For criminal procedure, remember: arrest requires a warrant except in flagrante delicto; detention pending investigation is max 4 days, renewable by judge. The Public Prosecution (النيابة العامة) supervises investigations. Confessions must be voluntary; torture is absolutely prohibited.