Page:Syariah Penal Code Order, 2013.pdf/68

BRUNEI DARUSSALAM GOVERNMENT GAZETTE liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both.

Proof of qatlu syibhil-'amd.

141. (1) Qatlu syibhil-'amd which is liable to diyat shall be proved in the following manner—
 * (a) ikrar of an accused who confesses with his consent before a Court of competent jurisdiction;
 * (b) syahadah of two male syahid;
 * (c) syahadah of one male syahid and two female syahid; or
 * (d) syahadah of one male syahid and oath of the complainant.

(2) For the purposes of subsection (1)(b), (c) and (d), syahadah shall be made in accordance with Hukum Syara', after the Court is satisfied having regard to the requirements of tazkiyah al syuhud.

Pardon of diyat in qatlu syibhil-'amd.

142. Wali-ad-dam of the victim in the case of qatlu syibhil-'amd may pardon diyat or any part thereof.

Acquittal or punishment after pardon of diyat.

143. The Court may, in the case of pardon of diyat as provided in section 142, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom diyat has been pardoned, or punishes him with imprisonment for a term not exceeding 5 years.

Attempt to commit qatlu syibhil-'amd.

144. Any person who attempts to commit qatlu syibhil-'amd or attempts to cause the commission of qatlu syibhil-'amd is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both.

Abetment of qatlu syibhil-'amd.

145. (1) Any person who abets the commission of qatlu syibhil-'amd under section 140(1) is guilty of an offence and shall be liable on conviction to a fine not exceeding $60,000, imprisonment for a term not exceeding 15 years or both. 1728