Thursday
19th Dec 2024
Dhivehi Edition
Photo: Majilis.
The Maldives Parliament has unanimously approved an amendment to the Criminal Procedure Act, introducing the right for convicted individuals to apply for bail while their appeal is ongoing. This change addresses the absence of provisions in the current law regarding bail during the appeal stage.
The amendment bill, submitted on behalf of the government by Manadhoo MP Husni Mubarak, was passed with the support of all 58 members who participated in the voting during today’s session.
The newly added article, placed after Article 201 of the Criminal Procedure Act, establishes the conditions under which a convicted person may seek bail during the appeal stage:
- The individual has been convicted and sentenced to imprisonment.
- An appeal against the conviction or sentence has been filed in the appropriate appellate court.
However, the law maintains strict limitations. Individuals convicted of specific offenses remain ineligible for bail during the appeal stage. These include cases involving:
- Suspected intentional murder.
- Assault with a weapon causing serious injury.
- Child sexual abuse.
- Terrorism-related offenses.
- Drug trafficking.
- Acts threatening national independence and sovereignty.
- Offenses specified as ineligible for bail under other laws.
To obtain bail during the appeal, the convicted individual must demonstrate the following to the court:
1. The appeal is based on reasonable grounds.
2. They will comply with all conditions set for release on bail.
3. Public interest does not necessitate continued detention.
This legislative change fulfills a presidential pledge by Dr. Mohamed Muizzu, emphasizing reforms to ensure justice and safeguard individual rights during legal proceedings.