Criminal
A 1976 penal code with a broad state security overlay
The Penal Code of 1976 codifies offences. Counter-terrorism legislation from 2006 onwards adds broadly drafted security offences.
Key rules
- Jurisdiction — Criminal courts with appeal and cassation. Military courts were given jurisdiction over civilians by a 2017 constitutional amendment.
- Deadline — 48 hours for police detention before referral to prosecution
- Deadline — 15 days to appeal a criminal judgment
Governing law
- Penal Code, Decree-Law 15 of 1976
- Criminal Procedure Law, Decree-Law 46 of 2002
- Law 58 of 2006 on Protecting Society from Terrorist Acts
In practice
The 2017 amendment permitting military trial of civilians for terrorism offences is the single most consequential change in Bahraini criminal justice and is frequently omitted. The 2006 terrorism law is drafted broadly enough to capture protest and association, and it has been the principal instrument in the prosecutions following 2011. Alcohol is licensed and available, unlike Kuwait and Saudi Arabia. The Bahrain Independent Commission of Inquiry report of 2011 remains the authoritative account of the events of that year and its recommendations are the benchmark against which subsequent reform is usually measured.