English Abstract
Study Summary :
The Bahraini legislator went well with international instruments and national legislation in the field of determining the criminal protection of the right and the right to physical integrity during and on the occasion of the procedures for collecting inferences and preliminary investigation.
so that he provided to him such protection at the highest legislative document in the legal hierarchy of the State represented in the Constitution and hence between the provisions of such protection in ordinary legislation as well as the subsidiary legislation.
Since the right to integrity of the body is the subject of this study, so we have decided to devote a preliminary chapter on what it is, beginning with a statement of the historical development to provide for the criminal protection of this right through a statement of its definition, its legal nature and its signatory on the international and national legislative system and its characteristics and elements.
Since the focus of this research is the extent to which criminal protection of the right to safety is provided, we have endeavored to show this protection in its substantive and procedural form, both in a separate section.
From a substantive point of view, the Bahraini legislator has devoted a special provision to the violation of the right to bodily integrity with all its components on the occasion of criminal proceedings in general, they are represented in the provisions of the crime of torture and where the criminal model of this crime requires components and special elements, Such as the availability of a specific character in both the offender and the victim and the degree of seriousness of the criminal result and the particular criminal penalty so that the substantive criminal protection provided for in these texts is reduced for any reason that does not meet these components or elements. We have shown how to deal with this issue under the provisions of the offenses of physical abuse, whether deliberate or wrong, which is the broadest range of criminal protection.
In terms of the criminal protection of this right, we have shown how the legislator has, to the extent possible, narrowed the scope of criminal procedure legislation affecting it with safeguards to prevent it, or to mitigate actions affecting the individual And the inadmissibility of any evidence resulting from a criminal procedure whose tapes were not taken into account, By recognizing the criminal penalty represented in invalidity and also indicating the conditions for determining this protection and finally the effects of violating the right to bodily integrity on the occasion of these procedures.
