Does the Law Punish Someone Who Witnessed the Crime of Martyr Al-Salaita and Did Not Intervene? A Legal Expert Settles the Controversy for “Al-Taj”
Al-Taj News – By Ghada Al-Khouli
Lawyer and legal consultant Dr. Yazan Dakhilallah Haddadin confirmed that Jordanian law balances the duty to provide relief and protect human life with the right of legitimate self-defense and defense of others, stressing that the non-intervention of people present in the vicinity of the crime of Corporal Jawad Al-Salaita’s martyrdom does not automatically entail criminal liability, nor does an intervention that might lead to the attacker’s injury or death necessarily constitute a crime.
Haddadin explained during his talk to “Al-Taj News” that Article (474/2) of the Jordanian Penal Code No. (16) of 1960 and its amendments stipulates punishing anyone who refrains without a legitimate excuse from providing relief in cases specified by law, including caught in the act (in flagrante delicto) and calls for help, with imprisonment up to a month and a fine up to fifty dinars, pointing out that liability requires verifying the circumstances of each case, the extent of the person’s ability to provide assistance, and the presence of a legitimate excuse for their refraining.
He demonstrated that the law imposes a duty to provide relief in specified cases, but it does not obligate the citizen to physically confront the attacker or expose their life to grave danger, as assistance can be provided through notifying security agencies, requesting an ambulance, or providing direct aid if circumstances permit. He also noted that Article (26) of the Code of Criminal Procedure No. (9) of 1961 addresses the duty to report attacks on public security, people’s lives, or their property, emphasizing the necessity of distinguishing between the duty to report and the duty to provide relief.
Regarding the intervention of one of those present to prevent the crime and what might result from it in terms of injury or killing of the attacker, Haddadin confirmed that this does not necessarily mean they bear criminal liability, as the law permits legitimate defense of oneself and others under specified conditions, citing Article (341/1) of the Penal Code, which permits defense of others when an unlawful attack occurs, provided that intervention is necessary to repel the danger and that the force used does not exceed the amount necessary for protection.
He added that Articles (60) and (341) of the Penal Code set the conditions for legitimate defense, most notably the existence of an unlawful attack and an existing danger at the time of intervention, and the necessity of using force to repel it, explaining that the continued use of force after controlling the attacker or the disappearance of danger may constitute a crime punishable by law.
Haddadin noted that these explanations represent a general legal reading according to enforceable Jordanian legislation, and do not constitute a pre-judgment on the facts of the martyrdom incident of Corporal Jawad Al-Salaita or the liability of any of the individuals concerned, as the legal characterization and determination of liabilities remain contingent upon what the investigation file proves of facts and evidence, and are ultimately subject to the discretion of the competent judiciary.
