Criminal law in Chad

Chad's criminal justice system follows a mainly Romano-Germanic legal tradition with both investigative and adversarial elements. The principle of legality means that conduct can be punished only under a criminal rule that applied when it occurred, and criminal responsibility generally belongs to the individual who committed, attempted or assisted the offence. The presumption of innocence, the right to defence and the right to challenge decisions are recognised principles. The Penal Code classifies offences as crimes, délits or contraventions; the classification affects the investigation, competent court and possible sanction. It covers offences against the nation and public order, persons and groups, property, wartime conduct, trafficking, torture, sexual violence, forced labour, child marriage, female genital mutilation and other conduct. Companies can incur criminal responsibility, but the State is excluded from that rule. The Penal Code also addresses attempts, complicity and repeat offending. A complaint or report can be made to the judicial police or the public prosecutor's office. Officers of the judicial police, known as OPJ, establish offences, collect evidence and search for suspected offenders, while the prosecutor directs or coordinates the public case. Police custody, called garde à vue, is generally limited to 48 hours under the 2025-2026 framework. An extension requires a reasoned judicial decision; weekends and public holidays are generally excluded except for a flagrant crime or délit. A person with a known residence generally receives additional protection against custody, subject to the applicable legal conditions. During the first questioning, the person must be informed of the right to choose a lawyer freely. A lawyer may attend questioning, confrontations and searches, inspect the record and submit observations, and may communicate privately after custody or formal charging. Legal aid exists in law, but access and financing remain uneven. The prosecutor may dismiss a complaint, bring a case directly before a hearing or request an investigation. Preparatory investigation is required for crimes and may be used for certain délits. An investigating judge can close the case without referral, send it to a correctional court or transmit it to the indictment chamber. The Tribunal de Grande Instance generally hears délits and contraventions, while the Cour criminelle hears crimes with a jury. A justice de paix may handle lower-level cases in smaller locations. Appeals proceed through the Court of Appeal and its indictment chamber, while cassation is handled by the Cour Suprême. Trials are generally public and the law provides routes for challenging decisions. Public prosecution normally expires after 10 years for a crime, 3 years for a délit and 1 year for a contravention, subject to the applicable rules on interruption or suspension. Preventive detention, called détention préventive, is intended as an exception. In correctional cases it may last up to six months, with one possible additional six-month period; in criminal cases it may last one year, with up to two additional six-month periods. After a case has been referred for trial, the maximum period is generally four months. Available sanctions include imprisonment, fines, life imprisonment, confiscation, prohibitions and dissolution of a legal person, together with conditional release and rehabilitation mechanisms. The death penalty was removed from the Penal Code, and Law No. 003/PR/2020 removed the final terrorism exception. A decree dated 23 June 2025 created a commission to examine possible reinstatement, but no reinstatement is established in the available research. Prisons formally separate men and women and remand prisoners from convicted prisoners, while overcrowding, health shortages and slow proceedings remain documented concerns; the CNDH reported 730 prisoners in a facility designed for 600 places in Moundou in 2024. An injured party can file a complaint that helps initiate public prosecution and can bring a civil claim within the criminal case. A partie civile is a harmed party participating in the criminal proceedings to seek compensation for direct material or non-material damage. Legal aid legislation covers access to justice, but implementation is uneven. In trafficking cases, national referral mechanisms, standard procedures and the 2024-2026 national action plan connect victims mainly to services provided by NGOs and international organisations. Medical, psychological and legal referrals may also be available through protection mechanisms for victims of violence. Informal diya arrangements are used in some communities and were regulated in 2019, but criminal law takes priority over an informal settlement where criminal responsibility is concerned. Children below 13 are subject to assistance, protection and educational measures rather than criminal punishment. From age 13 until under 18, cases fall under the juvenile justice framework, including the children's judge, compulsory defence, closed hearings and protection of the child's identity. Expedited investigation is not permitted, custody is limited to 10 hours, and detention should remain a last resort. Pretrial detention is generally limited to six months, with one additional six-month period for a crime. A sentence may not exceed half of the statutory minimum, and the death penalty cannot apply. Children in detention should be separated from adults. Diversion and non-custodial measures are developing, although specialised facilities remain limited. Road offences are governed mainly by the Road Code under Law No. 027/PR/2017. The Ministry of Transport and ONASER oversee implementation, while traffic police, judicial police and prosecutors enforce the rules. Speed, alcohol or drug use, phone use while driving, helmet and seat-belt duties and traffic signs can lead to measures ranging from a warning or fine to imprisonment, depending on the offence. A traffic accident can create both criminal proceedings and a civil claim for the injured party. Digital offences are addressed mainly by Law No. 009/PR/2015 on cybersecurity and cybercrime, including illegal access or interception, interference with data or systems, misuse of devices and the handling or preservation of electronic evidence. ANSICE is responsible for cybersecurity and certification, while ARCEP regulates telecommunications. Data protection under Law No. 007/PR/2015 is an adjacent legal framework rather than a separate criminal-law branch.