Criminal law in Cameroon

Cameroon's criminal law applies to conduct committed on Cameroonian land, in territorial waters and airspace, and on ships or aircraft registered in Cameroon. Certain offences, including trafficking, slavery, narcotics offences, money laundering, cybercrime, corruption and misappropriation, can also fall within Cameroon's criminal jurisdiction when committed outside the country. Special laws supplement the Penal Code in areas such as cybercrime, road offences and public-funds misappropriation. The legality principle requires an offence and its penalty to have a legal basis. Criminal responsibility generally requires intent, although a contravention may in some cases exist without proof of intent. Natural persons and companies can be criminally responsible, but the State and public agencies are excluded from corporate criminal responsibility under the reviewed rules. Attempt, conspiracy, co-offending and aiding or assisting are regulated. Self-defence, coercion, accident, mental illness and age can exclude or reduce responsibility. The main rules are in Law 2016/007 on the Penal Code, amended by Law 2019/020. Decree 2016/319 adds rules for simple offences. Cameroon distinguishes felonies or crimes, misdemeanours and contraventions. A felony or crime carries the death penalty or imprisonment with a maximum exceeding 10 years. A misdemeanour carries imprisonment exceeding 10 days and up to 10 years, or a fine exceeding CFAF 25,000. A contravention carries imprisonment of up to 10 days or a fine of up to CFAF 25,000. Common offence areas include homicide, bodily harm, sexual offences, theft, robbery, fraud, forgery, corruption, misappropriation of public funds, trafficking, slavery, narcotics, terrorism, public-order and hate-speech offences, privacy and secrecy offences, and property or intellectual-property offences. The Police and Gendarmerie act as judicial police and investigate offences. The Procureur de la République, also called the State Counsel, directs and supervises investigations and may close a case without prosecution or bring proceedings. A Juge d'Instruction conducts a formal judicial investigation when an information judiciaire is opened. Venue usually depends on the place of the offence, the accused person's residence or the place of arrest, but the competent court must be checked for the specific case. A complaint may be made orally or in writing to the parquet or to the judicial police. A person who learns of a felony or misdemeanour should report it without delay. A preliminary inquiry is mandatory for a felony and generally discretionary for a misdemeanour or contravention. Flagrante delicto proceedings provide a separate procedure when the offence is discovered in progress or immediately afterwards. Searches, seizures, expert evidence, confrontations and international letters of request may be used during an investigation. A suspect benefits from the presumption of innocence, the right to counsel, the right to remain silent, notification of the reasons for arrest and access to a medical examination. Garde à vue means police custody and normally lasts up to 48 hours, with one possible extension. Written and reasoned approval by the State Counsel can permit two further extensions in exceptional cases. A further 24 hours may be added when the distance to the place of custody exceeds 50 kilometres. In a flagrante felony or misdemeanour, or when the suspect has no known residence, custody can in some circumstances last up to eight days. Registers and custody records must be maintained. Pre-trial detention is an exception and is available only for a felony or misdemeanour. Judicial supervision, release or release on bail may be possible depending on the stage and circumstances. A bail or release request may be submitted to the judicial police, the Procureur, the Juge d'Instruction or the trial court, depending on the case. Habeas corpus, meaning a court request to review the lawfulness of detention, may be filed without a fee before the President of the Tribunal de Grande Instance at the place of arrest or detention. There is no single detention period for all offences; the court must assess the individual case. The Tribunal de Première Instance hears misdemeanours and contraventions. The Tribunal de Grande Instance hears crimes and connected offences. The Cour d'Appel hears appeals, and the Cour Suprême hears cassation applications. Military courts also have jurisdiction in their assigned matters. The Tribunal Criminel Spécial in Yaoundé, with nationwide jurisdiction, handles misappropriation of public funds and related offences involving at least CFAF 50,000,000. Appeals and cassation applications generally have a 10-day time limit, while opposition after personal service generally has a 10-day time limit. The Ministère Public normally brings the public prosecution, known as action publique. Under the conditions set by law, a victim or an administration may also trigger criminal proceedings. A victim, heir or other person with a direct, certain and current loss may become a partie civile, meaning a civil claimant within the criminal case. A plainte avec constitution de partie civile may be filed before a Juge d'Instruction, subject to a deposit fixed by the judge and paid through the Tribunal de Première Instance registry. A direct summons may also be available. An insurer can be summoned and may be held jointly liable for compensation. Civil claims generally have a 30-year limitation period, while criminal limitation periods are generally 10 years for felonies, three years for misdemeanours and one year for contraventions. The reviewed core texts do not establish a general automatic State compensation scheme for victims; civil claims and insurance are the primary documented options. Penalties include the death penalty, imprisonment and fines. Companies may face dissolution, closure or fines. Community service and sanction-réparation can replace or supplement punishment in qualifying cases. Community service consists of 200 to 240 unpaid hours, generally for offences punishable by less than two years' imprisonment or by a fine, and requires the person's consent. Additional measures can include forfeiture, publication of the judgment, closure and confiscation. Preventive measures may include activity bans, post-penal supervision or assistance, preventive confinement and placement in a psychiatric institution. A death sentence is submitted to the President for possible commutation. Children under 10 years are not criminally responsible. Children aged 10 to under 14 may receive only special measures provided by law and not adult penalties. Persons aged 14 to under 18 have diminished responsibility and may benefit from a mitigating excuse. Persons aged 18 or older are treated as adults. A person under 18 who receives a custodial sentence should be held in a special facility or separately from adults. The competent court and protective procedure depend on the offence and the child's age. A child victim may testify regardless of age. Driving under the influence can lead to imprisonment or a fine and to withdrawal of the driving licence or a ban on obtaining one for up to two years. Road contraventions may follow the fixed-fine procedure under the Code of Criminal Procedure, usually administered by the Police or Gendarmerie with a least-restrictive approach. A serious road accident can also lead to separate bodily-harm or homicide charges. Digital offences under Law 2010/012 include unauthorised access, interception, attacks on data or system integrity, online identity usurpation, electronic or payment-card falsification, and privacy or data-related offences. ANTIC has cyber and information-security functions, while ART regulates telecommunications; judicial police and the parquet remain responsible for criminal enforcement. Legal aid is governed by Law 2009/004. Applications may be oral or written to the court secretary and require proof of financial need or indigence. Court, lawyer and deposit costs depend on the case, and Cameroon has no uniform national processing time. Court capacity, language, detention, legal-aid approval and regional practice can materially affect duration. Cameroon has one national scope for this subject rather than a separate regional or city-level criminal-law system.