Criminal law in the Central African Republic

Criminal law is based, among other things, on the principle of legality, the strict interpretation of criminal provisions, and personal responsibility. Attempt, participation, and aiding and abetting may be punishable. A person is considered not criminally responsible if their capacity to understand or control their conduct was abolished. Legal persons, other than the State, may be criminally responsible where a law or regulation provides for this. The Constitution of 30 August 2023 protects against arbitrary arrest and detention, guarantees the presumption of innocence, and safeguards defence rights. The offences covered include, among others, killing, violence, sexual offences, offences against children and women, female genital mutilation, trafficking in persons, migrant smuggling, weapons and ammunition offences, corruption, property and fraud offences, and drug- and security-related offences. Special legislation supplements the Central African Penal Code (Code pénal centrafricain). Article 164 of the Penal Code covers electronic piracy and electronic fraud; Article 111 concerns child pornography. Law 24.002 additionally regulates cybercrime and cybersecurity. A report or formal criminal complaint (dénonciation) may be submitted to the police, the gendarmerie, or the Public Prosecutor (Procureur de la République). The judicial police (Police judiciaire) establishes the facts, secures evidence, and investigates possible offenders; it then forwards the proceedings to the public prosecution service. When it finds an offence in the act, it informs the Public Prosecutor immediately and may secure, seize, or seal objects. A preliminary investigation may be opened ex officio or on the instructions of the Public Prosecutor. For a crime, an investigative procedure before an investigating judge (Juge d’instruction) is mandatory; for a délit, it may be conducted. Police custody (garde à vue) is provisional detention by the police. It lasts at most 72 hours at places where a magistrate can be reached and may be extended once. The Public Prosecutor then brings the accused person before the authorities or orders their release. In remote places, a detention order (ordre d’écrou) may be valid for at most eight days and may be extended once where strictly necessary; a magistrate must be informed within 48 hours. The reason for the arrest and the right to a lawyer must be communicated. The person concerned may request a lawyer or a doctor, and the public prosecution service or family must be informed. Exceeding the time limits and other procedural violations may result in the annulment of individual procedural acts. In practice, there are risks of arbitrary detention, excessively long pre-trial detention, and overcrowded and inadequately equipped detention facilities. After the investigation, the proceedings may be discontinued, lead to a summons, summary proceedings for an offence caught in the act, or a formal judicial investigation. The Court of First Instance (Tribunal de grande instance) decides cases involving délits at first instance; contraventions are dealt with at the seat of the competent sub-prefecture district. The Criminal Court (Cour criminelle) decides cases involving crimes and holds regular sessions at least twice a year. Before the Criminal Court, a defence lawyer is appointed if the accused person has not chosen one. Appeals are governed by the Central African Code of Criminal Procedure (Code de procédure pénale centrafricain); the Court of Cassation is the highest ordinary court. Injured parties may participate in criminal proceedings as a civil party (partie civile) if they suffered specific harm personally and directly as a result of the offence. They may file a complaint and constitute themselves as a civil party before the investigating judge. A magistrate sets a security deposit (consigne), which must be paid within 30 days. Participation may enable requests for evidence, information about the proceedings, and claims for compensation; it does not automatically replace a separate civil action. No reliable current nationwide fee schedule for ordinary criminal proceedings has been established. Proceedings before the Special Criminal Court (Cour Pénale Spéciale), including assistance for indigent participants, are free of charge. The Special Criminal Court is a national hybrid court with national and international magistrates. It prosecutes the gravest conflict-related crimes, such as war crimes, crimes against humanity, and genocide committed since 1 January 2003. Victims may contact the Special Prosecutor, receive information about the procedural status, use a lawyer or interpreter, submit requests for evidence and appeals, and seek reparations. The victim and witness protection and support service (USPVT) protects and assists victims and witnesses. The defence-support service SAVD informs and assists civil parties and organises defence for indigent participants. The Special Criminal Court does not replace general criminal law. For persons under 18, the juvenile court or the juvenile criminal court, rather than the ordinary criminal courts, generally has jurisdiction. For children under 14, educational and protective measures take priority; police custody is generally excluded and is permitted only exceptionally for ten hours, with a possible ten-hour extension. Parents or a guardian must be informed, and a court-appointed defence lawyer is provided for. For persons aged 14 to 18, protection, education, and supervision take priority, but a criminal sentence remains possible. For young people over 15, a custodial sentence may generally not exceed half of the adult sentence. The Child Protection Code (Code de protection de l’enfant) supplements protection against violence, exploitation, and recruitment or use in armed conflicts. Possible sanctions include imprisonment, fixed-term or life imprisonment with hard labour (travaux forcés à perpétuité), fines, confiscation, prohibitions, suspended sentences, community service, conditional release, rehabilitation, and entries in the criminal record. The death penalty was abolished by Law 22.011 of 27 June 2022. Offences previously punishable by death may now be punished by life imprisonment with hard labour; a minimum security period may range from ten to 30 years. Road-traffic offences are based on national rules, Ordinance 88.011, Decree 88.151, and the common CEMAC traffic rules. The Directorate of Road Transport (Direction des Transports Routiers), the police, the gendarmerie, and the justice system share responsibility for control and prosecution. Matters of practical importance include speed, alcohol or drugs while driving, overloading, lack of knowledge of the rules, and traffic accidents. A current nationwide matrix of fines and fees has not been reliably verified. Digital offences have a statutory basis, while specialised units, evidence-preservation powers, and uniform nationwide access channels are not sufficiently documented in accessible official sources. Access and the duration of proceedings depend greatly on the location, security situation, distance from police and courts, availability of lawyers, and the capacity of detention facilities and the justice system. Outside Bangui, transport, limited resources, and long distances can significantly impede effective access. Informal solutions are not reliably established as equivalent legal avenues for criminal prosecution and punishment.