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Saturday, May 31, 2025

Modernizing Justice: Bahrain Expands Alternative Sentencing with Law No. (20) of 2025

A significant step towards a more rehabilitative justice system, Law No. (20) of 2025 introduces key amendments to Bahrain's 2017 Law on Penalties and Alternative Measures. This development signals a continued commitment to modernizing the Kingdom's approach to criminal justice, aligning it further with international standards.

What is the Law About?

Law No. (20) of 2025 aims to significantly broaden the scope and enhance the regulatory framework for applying alternative sanctions in Bahrain. Its core objectives are:

  • Introducing new types of non-custodial measures.
  • Supporting offender rehabilitation and successful societal reintegration.
  • Reducing reliance on traditional custodial sentences.
  • Aligning Bahrain's penal system with modern international penal policies and human rights standards.

The broader legal significance lies in the continued evolution of Bahrain's criminal justice system, offering the judiciary more nuanced and flexible sentencing options. Societally, this shift can contribute to reducing prison overcrowding, lessening the stigma associated with incarceration, and fostering community-based rehabilitation programs. Economically, alternative measures can often be more cost-effective than imprisonment.

Key Changes and Practical Implications:

The law amends Law No. (18) of 2017, introducing notable new measures:

  • New Alternative Measures:
    • Electronic Restrictions: Courts can now prohibit a convicted person from entering specific electronic geographical domains or websites related to the crime committed.
    • Mandatory Presence: Convicted individuals can be obligated to be present at specific times in places designated by the Minister of Interior.
  • Enhanced Rehabilitation Focus: The law likely incorporates provisions for psychological and health-based measures, allowing courts to refer offenders to specialized institutions.
  • Centralized Implementation: The Ministry of Interior is now the sole entity responsible for executing alternative sentences, with the Minister of Justice regulating implementation in coordination with judicial and interior authorities.

What This Means:

  • For the Justice System: A wider array of sentencing options, allowing for more tailored responses.
  • For Offenders: Potential for new forms of restrictions (e.g., internet access limits, mandatory check-ins) but also greater access to rehabilitative programs.
  • For Society: A justice system increasingly prioritizing rehabilitation, potentially leading to lower recidivism rates.

Key Takeaways:

  • Bahrain expands its alternative sentencing options, moving beyond traditional penalties.
  • New measures include restrictions on website access and mandatory attendance at designated locations.
  • The law aims to enhance offender rehabilitation and societal reintegration.
  • The Ministry of Interior is the sole authority for implementing alternative sentences.
  • This reflects Bahrain's commitment to modernizing its justice system in line with human rights standards.

(Source: Official Gazette No. 3809, May 8, 2025. Law No. (20) of 2025)