On 23 January 2025, the Official Gazette published Decree-Law No. 3/2025 amending some provisions to Law No. 15/1976 issuing the Penal Code (the Law) and was immediately enforced the following day. The amendments introduce a new penalty targeting the theft of electronic devices and any similar tools that integrates communication and compute technology. In this article, we will examine the new provisions and clarify its potential impact.
Theft and Similar Offences
A new provision is added under Article 380 of the Law which states that a prison sentence for a term of no less than three (3) months shall be imposed if a theft is committed to "(12) a mobile phone, laptop, or tablet, or any electronic, magnetic, optical or electrochemical tool or means, or any tool combining communications and computing techniques, and any device that may receive or send data and conduct data processing, storage and retrieval very quickly".
A third paragraph is also added stipulating a minimum imprisonment of no less than one year as a penalty for the theft of the devices described above. Such paragraph states "the minimum of the penalty prescribed in the previous two paragraphs shall be imprisonment for a period that is not less than one year, in case the theft of the devices or tools mentioned in clause twelve (12) of this Article aims to obtaining the information, data or photos included therein".
Breach of Trust and Related Offences
Two new paragraphs are added under Article 396 of the Law regulating the penalty for crimes involving electronic devices such as mobile phones, laptops, tablets, and similar tools as described under the new provision, Article 380(12). If the crime involves these devices, the offender may face imprisonment for a period not exceeding two years or a fine not exceeding BHD 500. If the devices were acquired with the intention to obtain information, data or photos, the same penalties shall apply, or both.
Article 396 stipulates "The penalty shall be the imprisonment for a period that does not exceed two years or a fine that does not exceed BHD 500 in case the subject-matter of the crime is a mobile phone, laptop, or tablet, or any electronic, magnetic, optical or electrochemical tool or means, or any tool combining the communication and computing means or any other tool that may receive or send data or conduct data processing, storage and retrieval very quickly.
The penalty shall be imprisonment for a period not exceeding 2 years or a fine not exceeding BHD 500 or both penalties, in case the acquisition of the devices and tools mentioned in the previous paragraph occurs for the purpose of obtaining the information, data or photos included therein".
Concluding Remarks
This amendment strengthens legal protection for digital devices and the data contained therein. It deters cybercrimes and emphasises the significance of data privacy and security in the digital age by making it expressly illegal to obtain or misuse electronic tools for accessing personal information.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
