Appendix: The Crime Prevention Law

Crime Prevention Law (Law 7 of 1954)

Published on page 141 of the Official GazetteNo. 1173 dated March 1, 1954[149]

Article 1:

This law shall be called the Crime Prevention Law for the year 1954 and shall take effect one month after issuance in the official gazette.

Article 2:

The term “district administrator” [mutasarrif] shall include the governor of the capital.

Article 3:

If it is communicated to the district administrator or if he/she has [indications] to lead him to believe that a person within his/her jurisdiction may belong to any of the categories mentioned below, and if the district administrator is of the opinion that there are sufficient reasons to take measures, he/she may issue to the person concerned a notice of appearance in the format included in the first appendix to this law, obliging said person to appear before him/her to explain whether he/she has reasons not to give an undertaking, with or without a guarantee and in the format included in the second appendix to this law, in which he/she undertakes to conduct himself/herself well during a period of time to be specified at the discretion of the district administrator, but not to exceed one year:

1. Anyone present in a public or private place in circumstances that convince the district administrator that he/she was about to commit a crime or to assist in its commission.
2. Anyone who habitually committed burglary or theft or had within his/her possession stolen property, or who habitually protected or sheltered burglars, or who assisted them in concealing stolen property or fencing it.
3. Anyone in a situation in which his/her release without a guarantee would constitute a danger to the people.

Article 4:

If any person specified in article 3 is notified with a notice to appear before the district administrator and if he/she fails to appear within a reasonable time, then the district administrator may issue a warrant for that person’s arrest provided that a trial of that person take place within one week of his/her arrest.

Article 5:

1. When a person appears or is brought before the district administrator, the latter shall begin an investigation into the accuracy of the information on which the measures taken are based, and he/she shall hear any other evidence he/she deems necessary.
2. If, following the investigation, it becomes apparent to the district administrator that there are sufficient reasons that call for him/her to oblige that person to give an undertaking, then the administrator shall issue an order in this regard provided that this undertaking does not differ from the matter mentioned in the notice to appear or the arrest warrant and that the the amount [of money] or the period of time do not differ either from those mentioned in any of the two.
3. If, following the investigation, the district administrator is not of the opinion that it is necessary to oblige such person to give an undertaking, then he/she shall record an explanation thereof in the register, and such person is to be released if he/she was detained solely for the purpose of the investigation.
4. Procedures pursuant to this law, including taking testimony under oath, questioning witnesses and cross-examining them, the presence of lawyers, notification of orders, notices of appearance, and other instruments, as well as the appeal of verdicts and the enforcement of orders, shall be in accordance with the criminal procedures applied in the courts of first instance, provided that:
   1. The charge shall not be different from the charge mentioned in the information indicated in the notice to appear;
   2. It is not necessary in the procedures taken pursuant to this law to firmly establish that the accused has committed a certain action or certain actions.
   3. The undertaking must not go beyond requiring him/ her to maintain [public] security, refrain from carrying out acts that might disturb public tranquility, and to be of good conduct.

Article 6:

If a person has given an undertaking on his/her own behalf or on the behalf of others in accordance with the order of the district administrator, which conditions him/her to maintain [public] security, and to refrain from committing acts that might disturb public tranquility, and that requires his/her good conduct, then the district administrator may, if the person tied by the guarantee has not been found guilty of committing a crime which the law considers a breach of the stipulations of the undertaking, seize the amount of [money tied to] the undertaking, or the administrator may oblige the person tied by the guarantee, or the guarantors, or any of them, to pay the amount of [money stipulated in] the undertaking [sic]. The district administrator's decision in this regard shall be final and shall be enforced according to the applicable procedure of the law regarding the enforcement of civil law verdicts.

Article 7:

The district administrator may refuse to accept any guarantor whose guarantee he/she disapproves of for reasons he/she shall record in the register.

Article 8:

If the person to whom an order to give an undertaking has been issued in accordance with paragraph 2 of article 5 fails to give an undertaking within the dates of the period shown in the order to give an undertaking, he/she shall be imprisoned, and if he/she is already imprisoned, he/she shall remain so until he/she gives the requested undertaking or until the end of the period specified in the order to give an undertaking.

Article 9:

If the district administrator reaches the conviction that the person imprisoned for failing to give an undertaking in accordance with this law can be released without exposing the public or any other person to danger by doing so, then the administrator shall immediately submit a report in this regard to the minister of interior who shall have the right to order the release of said person.

Article 10:

The minister of interior may at any time he/she wishes rescind any undertaking given in accordance with this law or amend it to the benefit of the person who gave it.

Article 11:

1. Any guarantor, who has given a guarantee that another person will maintain [public] security or be of good conduct, may submit an application to the district administrator requesting the guarantee he/she gave be rescinded. Thereupon, the district administrator shall issue a notice of appearance or an arrest warrant for the person tied to the guarantee, and when that person appears before him/her, the district administrator shall rescind the guarantee and order the person to give a new guarantee for the remainder of the period. If the person fails to give such a guarantee, he/she shall be imprisoned until he/she gives it or until the period covered by the guarantee expires.
2. If the district administrator is of the opinion that a person who provided a guarantee that another person will be of good conduct, or that he/she maintain [public] security, has become unqualified to provide that guarantee, then the administrator may oblige the person tied to the guarantee to provide another guarantor in lieu of that guarantor in the same fashion and under the same conditions. The administrator may rescind the previous guarantee if the person tied to the guarantee does not do so within the specified period of time.

Article 12:

If a person appears or has been brought before the district administrator in accordance with the provisions of article 4 and if the district administrator considers it necessary to tie this person to a guarantee to give an undertaking for his/her good conduct within the meaning of this law, then the administrator may order him/her to be put under police or gendarmerie surveillance for a period not exceeding one year in lieu of giving an undertaking, or [the administrator may order] both.

Article 13:

The following restrictions shall be applied in whole or in part on a person under police or gendarmerie surveillance according to what the district administrator decides:

1. He/she shall reside within the borders of any inhabited district, city or village in the kingdom and not move his/her residence to another district, city or village without written authorization from the regional commander.
2. He/she is prohibited from leaving the district, city or village where he/she resides without written authorization from the regional commander.
3. He/she shall inform the regional commander where he/she resides about any change in his/her residence or home.
4. He/she shall appear at the nearest police station whenever the police officer in charge of the district or city where he/she resides requests him/her to do so.
5. He/she shall remain inside his/her home from one hour after sunset until sunrise, and the police or gendarmerie may visit him/her at any time to verify that.

Article 14:

If any person placed under police or gendarmerie surveillance fails to abide by any of the conditions stipulated in the order, he/she shall be punished with jail for a period of 6 months at the longest, or with a fine not exceeding 50 dinar, or with both punishments.

Article 15:

The council of ministers, subject to the King’s approval, may issue regulations to enforce the provisions of this law.

Article 16:

The Crime Prevention Law of 1927 (Jordanian) and the Crime Prevention Law of 1933 (Palestinian), as well as the amendments to them and regulation issued in accordance with them, shall be repealed.

Article 17:

The prime minister and the ministers of justice and of interior are charged with enforcing the provisions of this law.

January 28, 1954