Criminal law in Guinea-Bissau

Guinea-Bissau's main criminal statutes are the Código Penal, enacted by Decree-Law 4/93 and in force since 26 October 1993, and the Código de Processo Penal, enacted by Decree-Law 5/93. Reported reform texts from 2025 and 2026 should not be treated as current law unless their enactment and entry into force are confirmed. The system follows the legality principle: conduct is punishable only when a law defines it as an offence, and criminal liability cannot be created by analogy. A later, milder criminal rule can apply retroactively. Liability is personal, intent is the usual basis, and negligence is punishable only where the law expressly provides for it. Attempts to commit intentional offences carrying a maximum penalty above three years are generally punishable. Guinea-Bissau normally applies its criminal law territorially, including to Guinean ships and aircraft, with limited rules for offences committed abroad under Articles 7 and 8. Limitation periods generally depend on the penalty and are reported as 20, 15, 7 or 3 years. The Ministério Público holds the criminal prosecution function, supervises legality and directs or coordinates prosecution. The Polícia Judiciária, commonly abbreviated PJ, conducts criminal investigations and receives complaints or reports through regional delegations and an online channel. The Polícia de Ordem Pública, or POP, performs police and criminal-police functions under the authority of the competent judicial body. In a sector without a Ministério Público delegate, the PJ, or in some cases the POP or sector police, can advance the criminal process. A formal case may therefore move from a queixa or denúncia to police work, the Ministério Público, investigation, accusation, judgment, appeal and enforcement. The Tribunal Supremo de Justiça, or STJ, has nationwide jurisdiction. Guinea-Bissau also has one Tribunal de Circuito in Bissau and five active regional courts serving Bissau and Biombo, Cacheu including Bissorã, Oio and Mansôa, Bafatá and Gabú, and Buba for Quinara, Tombali and Bolama-Bijagós. Bissau additionally has courts or sections dealing with criminal investigation, criminal matters, juvenile and family matters, and sentence enforcement, as well as sector courts. Many sector courts are closed because of staff and infrastructure shortages, which creates substantial access problems outside the main centers. A detained person should receive the reasons for the arrest without delay and should be able to inform a family member or trusted person. Judicial control should occur within a maximum of 48 hours under the applicable rules. Where the legal conditions are met, release, bail or provisional liberty can replace detention, and habeas corpus can be brought before the STJ or, as a substitute, the nearest regional court. The law sets time limits for pre-trial detention, but reported delays and unlawful extensions remain practical risks. Warrantless arrests are legally problematic, while reports from 2024 describe torture, physical mistreatment and failures to respect the 48-hour and information guarantees. The Constitution protects the presumption of innocence, the choice of a defence lawyer, an adversarial and accusatory procedure, appeal rights and the principle that a person should not be tried or punished twice for the same matter. Evidence obtained through torture, coercion or unlawful private, residential or telecommunications searches is invalid. Guinea-Bissau has no death penalty. The Constitution provides for life imprisonment, but any concrete statutory application requires separate verification. Torture, cruel or inhuman treatment, forced labour and indefinite detention as a security measure are prohibited. Criminal responsibility does not pass to heirs. The Código Penal covers offences against peace and humanity, personal freedom, persons, property, elections, social life, public peace and order, State security, the administration of justice, public authority and public office. Special statutes also address drugs, trafficking in persons, money laundering, elections and security matters. Female genital mutilation is criminalized, with reports of a five-year prison penalty and a fine. Drug trafficking and other transnational offences have high practical relevance. In 2024, authorities reported 18 drug cases and the seizure of 2,633.1 kilograms of cocaine at the airport, involving five suspects who received 17-year prison sentences. The PJ also reported dismantling a document-forgery network and arresting five people. These figures describe reported cases and enforcement results, not the overall prevalence of crime. Main penalties include imprisonment, fines, community work and a reprimand. Security measures can include placement in a hospital, a professional prohibition or expulsion. Additional penalties can include temporary professional prohibition, dismissal and expulsion. Imprisonment ranges from 10 days to 25 years. Where the combined total for multiple offences exceeds 50 years, the aggregate maximum is 30 years. A prison sentence of up to six months may in some circumstances be replaced by a fine, and a sentence of up to one year may in some circumstances be replaced by community work. Fines are calculated over 10 to 1,095 daily units; the Code refers to 5,000 to 50,000 pesos per day, so the current monetary value should be checked before relying on it. Companies and other legal entities can face fines, temporary exclusion from public tenders or subsidies, temporary closure or dissolution. Prison conditions are affected by overcrowding, limited resources and poor infrastructure. A victim can report an offence or file a complaint with the PJ, POP or Ministério Público. The legal framework provides rights to information, protection and legal assistance, subject to the applicable conditions. The Constitution provides for compensation for unlawful deprivation of liberty and wrongful conviction. The Centro de Acesso à Justiça, or CAJ, had seven locations reported in 2023 and provides legal information, referrals and, in some cases, free representation. The Office of Assigned Lawyers, or OAGB, and other pro bono channels focus especially on people who cannot afford counsel, detainees without defence and vulnerable victims. Law 11/2010 provides for legal advice, full or partial exemption from costs and appointed representation when economic need is established. There is no reliable nationwide standard for total legal costs or the duration of a criminal case. Criminal responsibility generally begins at age 16. People older than 16 and younger than 20 can receive special mitigation under Article 10 of the Código Penal. Bissau has a juvenile and family section, while implementation of youth justice remains uneven. A comprehensive child-protection code reported in 2025 was still a draft and should not be treated as enacted law. Road conduct becomes a criminal-law matter when it meets the statutory elements: Article 211 covers endangering traffic safety with one to ten years of imprisonment, or for negligence up to three years or a fine, while Article 212 covers dangerous driving with one to five years, or for negligence up to one year or a fine. No separate national road-criminal code has been reliably established. Guinea-Bissau also has no reliably established standalone cybercrime statute in the current source record; general offences and evidence rules may apply to digital conduct, while planned reforms are not current law until enacted. Political instability, pressure on the judiciary, limited resources, corruption and impunity risks, rural distance, court closures, cost barriers and lack of legal information can prevent formal rights from working consistently. A criminal proceeding can also lead to separate civil compensation issues, but damages and family matters are not themselves criminal charges. Crime causes, statistics and public-security analysis belong to a different functional question from the criminal process itself.