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Jordan Criminal Code
The criminal code adopted in 1956, which had been amended many
times, contained the bulk of the country's criminal law. In
addition, certain codified civil statutes also prescribed penalties
for acts such as libel, adultery, and publication of material
endangering the security of the kingdom. Individuals could not be
punished except for acts made criminal by virtue of penalties
prescribed by law. Other than where specified, a person also could
not be punished for committing a criminal act in the absence of
criminal responsibility or intent, both of which were defined by
the code. As a safeguard of personal liberty, the government had
the burden of proving both the defendant's commission of the act
and the admissible intent of the defendant before guilt could be
established.
The criminal code, in traditional French form, divided criminal
offenses into three categories according to the severity of the
applicable punishments. In English common law these categories
equated roughly to felonies, misdemeanors, and minor violations.
Punishments for felonies ranged from death by hanging to
imprisonment for periods ranging from three years to life.
Punishments for misdemeanors included imprisonment for periods
ranging from three weeks to three years and a variety of fines.
Minor violations could be punished by imprisonment for less than
three weeks, small fines, or reprimands by the court. In cases
involving misdemeanors or minor violations, a judge also could
invoke preventive measures including detention for psychiatric
examination, forfeiture of material goods, or closure of a place of
business. The criminal code provided for minimum penalties for all
major infractions rather than relying on the discretion of the
courts.
The death penalty was authorized for murder, arson of an
inhabited building, assassination of the king (or attempts on his
life), and a broad range of serious crimes defined as threats to
the security of the state. These latter offenses included acts such
as treason, espionage on behalf of an unfriendly foreign power, and
armed insurrection. The act of selling land in the West Bank to
occupying Israeli authorities was considered high treason and
therefore a capital offense. Some Palestinians had been sentenced
in absentia to death under this decree but as of 1989 these
sentences had never been carried out. Executions were rare and
politically sensitive in Jordan. Three death sentences for murder
were carried out in 1985, none in 1986, and only one in 1987. In
the 1987 case, the assassin of a PLO Executive Committee member in
the West Bank was put to death.
Imprisonment for life was imposed for such felonies as lesser
crimes against national security, homicide during commission of a
misdemeanor or that resulted from torture, and the more serious
forms of theft. Shorter imprisonment was prescribed for these same
offenses if mitigating circumstances warranted. Such punishment
also was authorized for terrorist activity, membership in
subversive organizations, counterfeiting, forgery of official
documents, and abduction.
Misdemeanors included such offenses as gambling in public
places, bribery, perjury, simple forgery, slander, embezzlement,
assault and battery, and disturbing the peace. The influence of
sharia was still evident in the imposition of prison sentences for
desertion of a child, abortion, marrying a girl under the age of
sixteen, openly ridiculing the Prophet Muhammad, and breaking the
fast of Ramadan. Sharia also was important in the criteria for
justifiable homicide. No penalty was imposed for the immediate
killing of someone who defiled a person's or a family's honor.
Minor violations covered by the code included traffic
violations, seeking redress for a crime without recourse to civil
authorities, public drunkenness, and violations of administrative
regulations such as licensing and safe housing requirements. These
infractions were punishable with or without proven intent. Most
minor violations resulted in fines being assessed against the
offender.
Data as of December 1989
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