How does a criminal proceeding in Afghanistan proceed from investigation to judicial review?

Police and security agencies investigate the allegation and may arrest people; courts of first instance, appellate courts, and the de facto Supreme Court then handle the case. Detention review, evidence procedures, and protection against coerced confessions are not consistently transparent or uniform in practice.

Which bodies investigate a criminal allegation in Afghanistan, and what oversight exists?

In addition to the police, security agencies and the General Directorate of Intelligence may be involved in arrests and investigations. Oversight of detention, evidence, and procedural steps remains inconsistent across regions and institutions; UNAMA also documented arbitrary detention and ill-treatment.

What criminal sanctions may courts impose in Afghanistan?

Depending on the offence and proceedings, possible consequences include detention, corporal punishment, destruction of property, Qisas, Diyah or forgiveness by the victim's family, and the death penalty. The specific application depends on Sharia and Hanafi interpretation, decrees, court decisions, and regional practice.

How can a suspect or victim in Afghanistan apply for free legal aid in criminal matters?

Indigent suspects, defendants, and victims may apply to the Directorate of Legal Aid of the Ministry of Justice and undergo an assessment of need. The hotline can be reached at 188, but actual availability varies by region.

What rules apply to juveniles in criminal proceedings in Afghanistan?

The inherited 2017 Penal Code provides that children under twelve do not bear criminal responsibility and provides special safeguards for juveniles. Consistent current enforcement of these provisions is not secured, however; juvenile courts have been reduced while juvenile correctional and rehabilitation centres continue to exist.

What applies to cybercrime or traffic-related offences in Afghanistan's criminal law?

The Traffic Law regulates, among other things, driving licences, traffic police, transport, and penalties, while older Penal Code articles cover cyber offences such as unauthorized access, electronic forgery, and cyber fraud. Current traffic penalties and the present validity of the cybercrime provisions have not been fully verified.

Criminal law in Afghanistan

Criminal law in Afghanistan regulates criminal offences, personal responsibility, investigations, court proceedings, sanctions, and the rights of suspects, convicted persons, and victims. Current practice combines Sharia and Hanafi interpretations, decrees, rules published in the Official Gazette, and older laws that remain in use. Application varies by region and remains difficult to understand in many proceedings.

Tip

Treat a criminal allegation in Afghanistan as a legally and practically uncertain situation because jurisdiction, the current legal basis, detention conditions, and access to assistance may vary by region. Secure qualified legal advice early, document every procedural step, and do not rely solely on informal mediation in cases involving violence, detention, or a possible confession.

byAmina&Ahmad

The current criminal-law framework is shaped mainly by Decree No. 12 of 5 January 2026, which the Supreme Court circulated on 7 January and which was published in May 2026 as Official Gazette No. 1486. The decree contains 119 articles and assigns its implementation to the courts of the Islamic Emirate of Afghanistan (Islamisches Emirat Afghanistan). The 2004 Constitution and laws from the republican period do not provide a reliable basis for current practice, although inherited laws may continue to play a role. This classification describes the researched position as of 4 September 2026; the texts and their application should be checked again before any specific decision. Criminal cases typically proceed before courts of first instance, appellate courts, and the de facto Supreme Court. Its criminal chamber continues to review cases from the provinces. Specialized courts and units from the republican period were reportedly dissolved or substantially changed. Police and security agencies conduct investigations, and the General Directorate of Intelligence (Generaldirektion für Nachrichtendienste) may also be involved in arrests and detention. Procedures, detention review, the chain of custody, the role of the prosecution, and protection against coerced confessions remain poorly transparent. UNAMA documented arbitrary arrests, detention, and torture or other ill-treatment. The offences covered include, among others, killing, bodily injury, theft, extramarital sexual relations, same-sex acts, alcohol, gambling, narcotics, public or morality-related violations, criticism of authorities or their policies, forgery, adulteration of goods, unauthorized activities, and the cultivation, trafficking, and transport of narcotics. Decree No. 12 is intended, among other things, to expand criminal liability to criticism of de facto authorities and their policies. For precise offences and evidentiary requirements, the original version in Dari or Pashto is authoritative. The key terms for sanctions are fixed punishments (Hudud), retaliation or equivalent redress (Qisas), discretionary punishments (Ta'zir), and blood compensation (Diyah). Qisas may, after a killing or serious injury, involve retaliation, financial compensation, or forgiveness by the victim's family. Depending on the case, Ta'zir may include counselling or a warning, a summons, detention, corporal punishment, and the destruction of property. Public executions and floggings have been documented. In 2025, UNAMA recorded at least 943 cases of judicial corporal punishment, including five boys and six girls; in the fourth quarter, there were at least 287 cases. In its report for the fourth quarter, UNAMA had documented twelve public executions since 15 August 2021. The prison administration is responsible for criminal and corrections-related enforcement, as well as rehabilitation and reintegration. At the end of January 2025, according to the available information, approximately 25,500 people were detained, including about 1,900 women, 450 accompanying children, and 1,400 juveniles. Access to prisons has improved through visits by UNAMA and OHCHR, but this is not evidence of a uniform procedure nationwide. Victims may turn to the police, courts, the legal-aid service of the Ministry of Justice, the Ministry for the Promotion of Virtue and Prevention of Vice (Ministerium für die Förderung der Tugend und Verhinderung des Lasters), or local jirgas (Jirgas) and shuras (Schuras). Mediation by police, courts, justice authorities, or community representatives also occurs in cases of violence against women and in serious cases. It does not replace reliable criminal accountability and may create pressure, especially in cases of gender-based violence. Women's access to formal dispute-resolution bodies is substantially lower than men's; consultations at the end of 2025 reported 14 percent compared with 53 percent. Informal proceedings are predominantly controlled by men and are not safe or suitable for every affected person. The Directorate of Legal Aid (Direktion für Rechtshilfe) at the Ministry of Justice (Justizministerium) may offer free advice or representation to indigent suspects, defendants, and victims. An application and an assessment of need are envisaged; the hotline number is 188. Actual availability varies by region, and women working as legal advisers or lawyers face substantial restrictions. Reliable nationwide averages for costs or the duration of proceedings are not available. For children, the inherited 2017 Penal Code specifies twelve as the minimum age of criminal responsibility and provides special procedural safeguards and alternatives. It is unclear whether these rules are currently enforced consistently. Juvenile courts appear to have been dismantled or reduced, while juvenile correctional and rehabilitation centres remain documented. Separation from adults, age assessment, and child-sensitive procedural rights are not reliably secured everywhere. Traffic criminal law is based on the Traffic Law and covers, among other things, permits, driving licences, traffic police, passenger and freight transport, compensation, insurance, fees, and penalties. Responsibility lies with the Traffic Directorate or the traffic police. The current schedule of penalties, the appeals procedure, and practice in the provinces have not been published reliably. Claims for civil damages do not fall entirely within criminal proceedings. For cybercrime, Articles 851 to 879 of the Penal Code accessible through the Ministry of Communications contain provisions on unauthorized access, the alteration of systems or data, malware, electronic forgery and fraud, cyber theft, prohibited information technology, cyberterrorism, espionage, pornography, and illegal SIM cards. For several offences, medium-term imprisonment or fines of 60,000 to 300,000 AFN are specified; for pornography, the stated penalties range up to two years' imprisonment or 60,000 to 120,000 AFN. It has not been conclusively established whether these provisions remain in force after Decree No. 12. Afghanistan is a party to the International Covenant on Civil and Political Rights, the Convention against Torture, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination against Women; international reports assess Decree No. 12 and corporal punishment as incompatible with these human-rights obligations.