Criminal law in Benin

The legal basis is the 2018 Penal Code (Code pénal) and the Code of Criminal Procedure (Code de procédure pénale), including later amendments such as Law 2025-06 (Loi 2025-06). The law distinguishes minor offences (contraventions), offences (délits) and serious crimes (crimes). Criminal liability generally requires personal responsibility and intent; negligence or carelessness is sufficient only where a law provides for it. Attempt and aiding or abetting may also be punishable. Self-defence, necessity, coercion and a mental disorder may affect responsibility or the sentence. The state itself is exempt from the criminal liability of legal persons, while other legal persons may be liable under the conditions set by law. The offences covered include, among others, homicide and bodily injury, sexual violence, corruption, terrorism, drug trafficking, money laundering, piracy, environmental offences and offences against public authority. Special laws regulate, among other matters, violence against women, sexual harassment, female genital mutilation, trafficking in children, child protection and gender-based violence. Cybercrime is governed by the Digital Code (Code du numérique) of 2017 and its 2020 amendment. This includes unauthorized system access, attacks on data, electronic deception, payment fraud and interference with privacy and communications. Proceedings may begin with a complaint or report to the Republican Police, a judicial police officer or the public prosecutor’s office. Investigating officers secure traces, conduct interviews and, under the direction and control of the public prosecutor’s office, may carry out searches or seizures. In more extensive proceedings, an investigating judge may lead the investigation. Digital evidence should be preserved unchanged; devices, messages, transaction data and technical identifiers may be needed for the investigation by the CNIN, the police and the public prosecutor’s office. The public prosecutor’s office exercises the public prosecution. Depending on the case, proceedings for flagrante delicto, a preliminary investigation or a judicial investigation may be considered. Courts of first instance (Tribunaux de première instance), courts of appeal (cours d’appel) and the Supreme Court (Cour suprême) decide criminal matters at the relevant level. The CRIET, based in Cotonou, has nationwide jurisdiction over certain economic, terrorism, drug-related and connected offences. Its procedure includes a special public prosecutor’s office, an investigation commission and a chamber for liberty and detention. Decisions must give reasons; public hearings and an appeal on points of law are provided for. Possible sanctions for serious crimes range from fixed-term imprisonment to life imprisonment. For offences, depending on the law and repeat offending, possible sanctions include imprisonment of between two months and five years, community service, fines, daily rates, prohibitions and confiscation. For certain offences, the statutory minimum fine is 20,000 FCFA. Community service may last no more than 18 months. Criminal law also provides, among other things, for withdrawal of a driving licence for up to five years, a driving ban for up to five years and immobilization of a vehicle for up to one day. The National Prison Agency (Agence Pénitentiaire du Bénin) organizes the enforcement of sentences. Conditional release and changes concerning the suspension of sentence enforcement are governed by the applicable legal provisions. Victims may file a complaint with the police or public prosecutor’s office and participate in the proceedings as a civil party (partie civile). The criminal court may decide on reparation and restitution, while independent civil-law compensation claims remain subject to civil law. Special protection provisions apply to violence against women and children. The identity of children and procedural content may receive special protection. Legal aid is available to people with limited financial means; its practical approval, representation, time limits and fees are governed by the applicable rules. No uniform nationwide tariff for all criminal costs is identified; lawyers’ fees, expert fees and travel costs may arise. The Children’s Code (Code de l’enfant) of 2015 applies to children. Children under 13 are not criminally responsible. For persons aged 13 to under 18, juvenile courts decide cases; detention, education and supervised liberty should take the child’s special protection into account. From the age of 13, police custody (garde à vue) may last no more than 48 hours. The family, guardian or social service must be informed without delay, and the person concerned must receive information about the allegation and the right to legal advice within no more than four hours. Hearings take place in camera, the child’s identity is protected and the maximum sentence is half the adult sentence. Decisions concerning persons aged 13 to 15 are not entered in the criminal record. For traffic offences, the legal position is partly transitional. A historical framework from 1956 continues to be cited, while a new standalone traffic law was submitted to Parliament in September 2025; consolidated promulgation was not confirmed for the researched status. The Republican Police and the CNSR perform tasks relating to enforcement, prevention and training. Traffic offences may particularly involve driving licences, alcohol or drugs, distraction, speed and the safety of children and adults. Exact time limits and sanctions should therefore be checked against the currently applicable rule for the specific case. The limitation period for public prosecution is generally 20 years for serious crimes, six years for offences and one year for minor offences. Terrorism, drug trafficking, money laundering and piracy are subject to a 30-year period; economic crimes, war crimes, crimes against humanity and torture are not time-barred. The specific calculation and possible interruptions depend on the applicable law and the course of the proceedings. The National Criminal Record Centre (Centre National du Casier Judiciaire) is responsible for criminal records. An online application for a B3 extract costs 2,050 FCFA and, according to the researched information, is provided within 72 hours.