Criminal law in South Sudan

South Sudanese criminal law covers offences such as homicide, assault, theft, robbery, property crimes, corruption, public-order offences, terrorism, banditry, dangerous drugs, trafficking, sexual offences and sexual harassment. The law also addresses attempts, aiding or abetting and conspiracies. Possible sanctions include imprisonment, fines, forfeiture, reformatory detention, compensation and, for the most serious offences, the death penalty. The Constitution limits capital punishment to extremely serious offences, excludes people under 18 and people aged 70 or more, and delays execution for a pregnant or breastfeeding woman until two years after breastfeeding ends. The Ministry of Justice and Constitutional Affairs, the Directorate of Public Prosecution, the South Sudan National Police Service, the Judiciary of South Sudan and the National Prisons Service perform different functions. A complaint or report can generally be made to the police or a Public Prosecution Attorney. Police investigate under prosecutorial direction, while the Public Prosecution Attorney conducts pre-trial work, decides whether to bring charges and represents the State in court. Searches and seizures generally require authorization by a Public Prosecution Attorney or judge, subject to the applicable procedure. The Code of Evidence Act 2006 governs the use of evidence. The formal court hierarchy runs from County Courts to High Courts, Courts of Appeal and the Supreme Court. County Courts have original criminal jurisdiction for cases carrying up to seven years of imprisonment or a fine of up to 5,000 South Sudanese pounds under the applicable framework. More serious offences are handled by a High Court or another competent statutory court. Mobile and circuit courts can extend formal services to underserved counties, but they depend on available judges, security, transport and funding. Customary courts operate through County, Payam, Town Bench and Boma levels and are often the most accessible forum outside major urban areas. They do not have general criminal jurisdiction. A statutory court may refer an appropriate customary-law issue, but customary courts that independently detain people or decide serious offences can create unlawful detention and fair-trial risks. Customary compensation, including blood compensation in a homicide case, can affect the legal response in limited circumstances, but it does not remove constitutional safeguards or the need for lawful jurisdiction. An arrested person should be told the reason for arrest and the charges without delay. Police custody generally cannot exceed 24 hours before the person is brought before a court, although a Public Prosecution Attorney may extend detention for up to one week and a magistrate may authorize cumulative extensions of up to two weeks under the applicable procedure. After charges, investigation detention is generally limited to three months, and total detention before trial is generally limited to six months unless the Court of Appeal authorizes further detention. Minor or fine-only offences may allow release on bond or bail through a personal bond, surety or deposit. In practice, arbitrary arrests, missing case files, limited judicial capacity and prolonged pre-trial detention remain documented problems. Criminal proceedings generally move from a complaint and case diary to police investigation, prosecutorial review, charges, trial, judgment and appeal. The accused benefits from the presumption of innocence, a fair and public hearing, a right to attend proceedings without undue delay and a right to represent themselves or use a lawyer. State legal aid is formally available to poor people in serious criminal cases, and the South Sudan Law Society and partner organizations can provide functional alternatives, although availability is much stronger in Juba and other urban areas than in remote counties. A child is anyone under 18 for criminal-justice purposes. Children under 12 cannot be prosecuted. For children aged 12 to under 14, the judge must assess whether the child understood right and wrong, subject to the applicable presumption. Police should arrest a child only for serious crime when no alternative is suitable, use minimum force, inform parents or guardians promptly and keep the child separate from adults. Caution, diversion, social-worker assessment, family group conferences, victim-offender mediation, probation and reformatory measures may be used to support rehabilitation and reintegration, but facilities and trained staff are unevenly available. Courts can order compensation for medical costs, loss and injury, and the Ministry of Justice and Constitutional Affairs provides victim-compensation services. Child witnesses and victims may receive protection against intimidation. Mobile courts may offer victim advocates, defence counsel and psychosocial support, but transport, safety, medical care and witness costs often restrict access. No reliable nationwide state victim-fund arrangement has been identified. Road offences remain partly uncertain because the Traffic Act 2003 has not been verified in a current, nationally consolidated official version. The South Sudan National Police Service regulates traffic, while the Penal Code addresses conduct such as obstructing or endangering traffic and damaging a public road. Digital offences were previously addressed under Penal Code sections 389 to 394, including unauthorized access, viruses, data manipulation and misuse of cards, passwords or PINs. The Cybercrimes and Computer Misuse Act 2026, signed on 18 February 2026, replaces or expands that framework, including offences committed inside or outside South Sudan, but implementation practice remains limited and its investigative powers raise data-protection and freedom-of-expression concerns. Access depends heavily on location. Juba and other urban areas are more likely to have formal police, prosecutors, lawyers and courts, while remote counties often rely on customary courts, chiefs, community mediation or periodic mobile courts. Conflict, insecurity, poor roads, transport costs, underfunding and prison overcrowding can delay proceedings. There is no reliable nationwide fee schedule, but transport, documents, legal representation, witnesses and medical expenses can still create substantial practical costs.