Criminal law in Cabo Verde

The Código Penal, established by Decree-Legislative 4/2003 and amended by Law 72/2026, sets out general principles, offences and penalties. The Código de Processo Penal, established by Decree-Legislative 2/2005 and revised in 2015, regulates investigations, prosecution and criminal trials. Cabo Verde applies the legality principle: conduct and penalties require a legal basis, and analogy cannot create or increase criminal responsibility. The more favourable criminal rule applies when the law changes. Territorial and flag-state rules determine which cases fall within Cabo Verdean jurisdiction, with some extraterritorial cases governed by legislation or international agreements. The death penalty is not provided for, and criminal responsibility generally begins at age 16. The Ministério Público is the public prosecution authority. It directs the formal investigation, decides whether to bring charges or archive the case, and can request enforcement of a sentence. The Polícia Judiciária investigates serious or complex crime. The Polícia Nacional, including the Polícia de Ordem Pública, performs general policing and criminal-investigation duties. The Instituto Nacional de Medicina Legal e Ciências Forenses, known as INMLCF, provides forensic assessments. Courts alone issue criminal judgments and impose criminal sanctions. A case may begin with a Queixa submitted to the competent authority or with a Denúncia, which may also be anonymous. Reports can be made through the Polícia Judiciária online or at its offices in Praia, Assomada, Mindelo and Boa Vista. The report is transmitted to the Ministério Público, which directs evidence-gathering and decides whether to charge the suspect or archive the matter. Cabo Verde provides ordinary proceedings as well as special forms such as sumário, transação and abreviado. Criminal courts are organised through Comarcas and Juízos. Enforcement courts in Praia and Sotavento and in Mindelo and Barlavento deal with imprisonment and security measures. An accused person is presumed innocent until a final judgment. The prosecution bears the burden of proof, doubts benefit the accused, and the proceedings must respect the right to a lawyer, silence, an interpreter in Portuguese or Kriolu, a hearing, adversarial examination of evidence and a reasonable duration. After arrest, authorities must promptly explain the reasons and legal rights and allow contact with a lawyer and family. Pre-trial detention requires strong indications of an intentional offence carrying a maximum sentence above three years and insufficient alternatives. A judge must reassess the detention every three months. Victims may participate as an ofendido or lesado. A victim aged 16 or older may apply to become an assistente, but must be represented by a lawyer. The application must be made no later than five days before the main hearing. An assistente can offer evidence, bring a separate accusation and appeal. Protection is available against threats, pressure and intimidation. A financial guarantee or seizure may secure compensation claims and other obligations. Civil compensation is a separate matter when it is not part of the criminal proceeding. Penalties include imprisonment from three months to 35 years and fines within the statutory range of 20 to 500 units. Depending on the legal conditions, a prison sentence may be suspended, served at home with electronic monitoring or replaced by community service. Community service can replace imprisonment of up to three years or a fine of up to 200 units. Conditional release is also available under its legal requirements. Companies can face criminal fines and, in serious cases, dissolution. Special rules cover offences involving killing or bodily harm, sexual conduct, property, corruption, public office, drugs, weapons, terrorism, organised crime and cross-border crime. Road conduct is governed by the Código da Estrada and alcohol legislation. Serious and very serious contraventions exist alongside traffic crimes, and alcohol- or drug-impaired driving may be criminal or administrative depending on the applicable threshold. Decree-Law 28/2025 introduced a national register and points system. A traffic violation is therefore not automatically a crime. Digital offences are governed by Cybercrime Law 8/2017, including illegal access, interception, interference with data or systems and child sexual abuse material. Investigators may use expedited preservation, searches, seizure, communications interception, undercover measures and cross-border cooperation, with judicial authorisation required for measures that substantially interfere with rights. For people aged 12 to under 16, the socioeducative regime under Decree-Legislative 2/2006, amended in 2021, applies instead of ordinary criminal responsibility. Under the 2026 child and adolescent framework, an adolescent is aged 12 to under 18 and a child under 12 cannot be detained or imprisoned. Detention of an adolescent is a last resort, must be as short as possible and should generally be separate from adults. The Centro Socioeducativo Orlando Pantera is a designated facility. There is no uniform total deadline for a criminal case. Detention cases receive priority, but forensic work, pending procedural matters and notifications can cause delay. Filing costs are not set uniformly in the core sources. A person who cannot afford legal representation may apply for legal aid under Law 35/1988 and Decree 99/1988; an assistente must have a lawyer regardless of the legal-aid question. Courts processed 13,886 criminal cases in 2024/25, including 8,268 new cases, with notable pending workloads in Praia, São Vicente, São Filipe and Sal.