| Mohammad Allouch|
After what was published on both the Al-Akhbar Lebanese daily and the Otv about the “Hariri-Sakr Delicto”, revealing Lebanese MP Okab Sakr’s deep involvement in multi issues re the Syrian affairs, as well as the former PM Saad Hariri who was encouraging him to do so; it became a must to review the legal point of view in this respect.
Therefore, we asked the Head of Hamourabi Center for Legal Studies and Researches, Lawyer Ibrahim Awada, who informed us about the following:
Re what was published about the Lebanese MP Okab Sakr’s statements and his voice records in which he was encouraging gunmen, the articles mentioned in the Penal Code states the following:
Article 20 of the Lebanese Penal Code provides that “Lebanese Code is applied to every Lebanese, either committer, or initiator or accessory who committed a felony or a misdemeanor punishable under the Lebanese Penal Code.”
Article 288-R, Clause 2 provides that “punished with temporary arrest who he has committed actions, written articles or addressed speeches not authorized by the government, but exposed Lebanon to the risk of hostile acts, disturbed its relations with foreign countries or exposed the Lebanese people to reprisals against them or against their money.”
Article 289 provides that “every attack taking place on the Lebanese lands or done by a Lebanese national aiming at violently changing the constitution or the cabinet of a foreign state, or detaching any piece of its land, is punished with temporary arrest. The conspiracy that aims at any of those mentioned crimes requires at least a one-year arrest.”
Article 290-R provides that “he who recruited soldiers on the Lebanese lands, without the approval of the Lebanese government, in order to engage in a fight for the sake of a foreign state, is punished with temporary arrest or exile.”
In addition, Article 291-R – amended in accordance with the Code 239 on May 27, 1993 – provides that “the punishment with arrest from 6 months to 2 years and a fine of maximum 400 thousand L.L. is required for every abetting that took place in Lebanon, or that a Lebanese committed by any of the means mentioned in Article 288, which aimed at leading land, naval or aerial soldiers of a foreign state to flee or disobey.”
Article 569-R – amended according to the legislative decree 112 on September 16, 1983 – provides that “he who denied the personal freedom of another individual, whether by kidnapping or any other means, is punished with temporary hard labor.
Article 308-R provides that “punished with hard labor for life who he committed an attack that targeted either provoking civil war or sectarian clashes, via arming Lebanese citizens or urging them to arm themselves against one another, or urging them to kill and steal in a region or another, and is sentenced to death penalty in case the attack took place.”
This legal file doesn’t stop at this point, yet it accounts the former PM Saad Hariri according to:
Article 212: The doer of the crime is the one who created the elements that form the crime, or the one who directly contributed to committing it.
Article 213: Every partner in the crime is exposed to the designated punishment by Law. The punishment of he who organized the contribution to the crime, or he who directed the work of its doers, is intensified with respect to the conditions mentioned in Article 257.
Article 217: He who drove any person by any means to commit a crime is considered an initiator.
For all the above stated articles, Hariri has committed acts of accessory and was an initiator of what Sakr has done. Therefore, we consider those acts a notification of the related acts before the Preferential Public Prosecution, and the Lebanese Parliament should assume responsibility to lift his immunity, noting that in case of delicto, there is no need to lift immunity.
Translated by Zeinab Abdallah
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