Decree No. 59

Date of Decree: 24 Dhul-Hijjah A.H. 1414/4 June 1994

Pursuant to the provisions of article 42, paragraph 1, of the Constitution, the Revolution Command Council has decreed as follows:

1. A penalty of amputation of the right hand from the wrist shall be imposed on anyone who commits any of the offences of theft specified in articles 440, 441, 442, 443, 444 and 445 of the Penal Code (Act No. 111 of 1969) and article 117 of the Military Penal Code (Act No. 13 of 1940) and anyone who commits the offence of stealing a vehicle. The left foot shall be amputated from the ankle in the event of a repeated offence.

2. The penalty shall be death instead of amputation if the theft is committed by a person carrying a visible or concealed weapon or if the offence leads to the death of a person.

3. The penalty of amputation shall not apply to crimes of theft in the following circumstances:

(a) If the value of the stolen article does not exceed 5,000 dinars;

(b) If the theft is committed between spouses or relatives to the second degree;

(c) If the perpetrator of the offence is a juvenile.

4. If the court believes that the circumstances of the offender or the offence referred to in paragraphs (a) and (b) of paragraph 3 of this Decree merit clemency in the light of the legally mitigating circumstances, it may impose a penalty of life imprisonment instead of death.

5. This Decree shall enter into force from the date of its publication in the Official Gazette until further notice.

Chairman of the Revolution Command Council