Criminal law in Equatorial Guinea

The Ley Fundamental and Código Penal Ley Núm. 4/2022 form the main framework for ordinary criminal offences in Equatorial Guinea. The code covers delitos and faltas, and distinguishes authors, accomplices and encubridores. It protects life and physical integrity, individual and collective freedom, equality, public and private property, economic interests, the environment, national defence, state security and the international legal order. The 2022 code expressly introduced terrorism offences and other offences that had not previously been consolidated in a national code. Criminal investigations may involve the Policía Nacional, Gendarmería, judicial authorities and Ministerio Fiscal. A judicial detention order or a lawful exception such as flagrante is generally required. Available guidance indicates that an arrested person should be brought before a judicial authority within 72 hours. The person should receive information about the reason for arrest and the alleged offence, may remain silent, may avoid self-incrimination, may obtain a lawyer and may contact relatives. Foreign nationals should receive consular information, and an interpreter should be available when needed. Complaints about detention can use habeas corpus; amparo and petitions provide additional constitutional or procedural remedies. Criminal proceedings generally move from investigation and prosecution to a criminal court and then to appeals. Ministerio Fiscal prosecutes, while an injured person may participate as acusación particular. As of 2026, Ley Núm. 2/2026 expressly provides for Tribunales de lo Penal, gives Audiencias a stronger appellate role and assigns coordination functions to the Decanato. The reform also seeks a clearer separation between investigation and trial and announces limits on pre-trial detention, but the practical rollout and consolidated deadlines have not been independently verified. Corte Suprema de Justicia remains the highest court for cassation. Military courts have legally limited jurisdiction, yet reported proceedings against civilians create a serious due-process risk. Trials are oral and public, with prosecution and defence rights and a right to challenge the judgment. Proceedings normally use Spanish, with interpretation provided where required. Cases can take a long time. Bail and pre-trial detention exist in law, but the duration and availability depend on the case and the judge. Rules on court fees and the nationwide availability of appointed defence counsel are not reliably consolidated; official representation is particularly associated with oral trials, while preliminary advice or private representation may require payment. Ley Núm. 4/2022 abolished the death penalty throughout the ordinary Código Penal. Available sanctions include permanent or fixed-term imprisonment, arrest, fines, disqualification and confiscation. A conflict remains because the Ley Fundamental and Código de Justicia Militar have reportedly retained references to the death penalty, creating a specific risk for military jurisdiction. A victim can report an offence to the Policía Nacional or Ministerio Fiscal. Rape and sexual assault are subject to public prosecution, so withdrawal after prosecution has begun is not generally available. A victim may participate as acusación particular and may seek compensation after conviction or through a civil claim. Free legal representation is reported for public criminal trials, while preliminary representation may require an advance payment. Ley 1/2004 addresses human trafficking; 2024 evidence recorded victim identification, referrals and convictions, while a state shelter was planned. Ley Núm. 6/2006 prohibits and sanctions torture, although practical accountability remains weak. The last reliable UN finding placed the minimum age of criminal responsibility at 16. People aged 16 to 18 receive mitigating treatment, but the current operation of specialised youth courts, detention and strict separation from adults is not reliably established. The applicable age pathway should therefore be checked against the current official text and qualified legal advice. Road offences cannot be described through a reliably verified current national traffic code: accident offences, hit-and-run, negligent injury or death, licensing, fines, responsible offices, costs and deadlines remain an evidence gap. They should be assessed through general offences and applicable local traffic rules rather than by transferring rules from the Republic of Guinea. Ley Núm. 7/2024 covers cyberbullying, unauthorised system or data access, interception or recording of communications, system interference, data damage and attacks on critical infrastructure. It can apply to covered conduct inside or outside Equatorial Guinea. Penalties range from one to six years of imprisonment and fines from 500,000 to 100,000,000 F CFA, depending on the offence. Policía Nacional and Ministerio Fiscal may investigate, while judicial authorisation is required for access, copying, seizure and provider data. Traffic or access data may be preserved for up to 90 days, with one extension. Equatorial Guinea has ratified the ICCPR, CAT, CRC, CEDAW, CRC-OP-SC and CRPD. It has not ratified the CAT Optional Protocol, the ICCPR Second Optional Protocol on abolition of the death penalty or the Rome Statute. Reports of arbitrary detention, incommunicado detention, torture or mistreatment, restricted access to lawyers, overcrowded and deficient prisons, limited independent monitoring and weak judicial independence affect the practical assessment of criminal-law rights.