Criminal law in São Tomé and Príncipe

São Tomé and Príncipe has one national criminal law system, although practical arrangements differ between São Tomé and the Região Autónoma do Príncipe. The main framework includes the Constitution, Código Penal, Código de Processo Penal and special laws on subjects such as domestic violence, cybercrime, drugs, corruption, money laundering, weapons and sexual offences. The law follows the principle that conduct can be punished only when a law defined it as an offence, and a later, more favourable criminal rule can apply retroactively. Criminal responsibility depends on the legal conditions of the offence, including intent or negligence where the offence requires it. Self-defence, necessity, attempt and participation also have specific legal rules. A report, complaint or other notice of a possible offence can be submitted to the Ministério Público, Polícia Judiciária or Polícia Nacional. The Ministério Público, also called the Public Prosecution Service, directs the inquérito, meaning the criminal investigation, and decides whether to bring charges, close the case, seek a provisional suspension or use another procedure allowed by law. DIAP is a prosecution department for criminal investigations and prosecutions. Courts control measures that substantially affect fundamental rights and decide the case at trial. The Supremo Tribunal de Justiça is the highest judicial instance for criminal matters. The Região Autónoma do Príncipe has its own Procuradoria for regional prosecution work. An accused person benefits from the presumption of innocence until a final conviction, the right to defence, the right to challenge detention and the right to appeal. Detention requires a legal basis and judicial control, and habeas corpus can challenge unlawful detention. Hearings are generally public, although a court may exclude the public to protect dignity, morality or the proper conduct of proceedings. Criminal proceedings are conducted mainly in Portuguese. A current nationwide tariff for defence services and a fully verified countrywide public legal-aid structure are not established in the available information, so access to a appointed defender and related costs can depend on the case and available arrangements. Possible sanctions include imprisonment, fines calculated in daily rates, security measures, other non-custodial sanctions, suspended enforcement and confiscation or transfer of assets to the State where the law allows it. The law excludes the death penalty and does not provide for life imprisonment or unlimited detention. Imprisonment generally ranges from one month to twenty years, with statutory exceptions allowing up to twenty-five years. In practice, reports identify risks involving overcrowding, weak prison infrastructure, hygiene and medical provision, lengthy pre-trial detention, slow proceedings and limited reintegration capacity. Reform of alternative detention and supervision structures was planned in the 2026 Universal Periodic Review, with implementation expected to proceed gradually. Criminal law also covers traffic offences, violence in the home, offences against children, economic offences and digital offences. For example, driving while intoxicated at or above 1.2 g/l can lead to imprisonment of up to one year or a fine of up to 200 daily rates, while dangerous driving can carry up to three years' imprisonment or 300 daily rates. Cybercrime rules cover unauthorised access, data damage, sabotage, unlawful interception, protected software and identity or platform offences. Electronic evidence may involve expedited preservation for up to three months, extendable to a maximum of one year, together with disclosure, search, seizure, interception or covert measures under the applicable safeguards. Victims can report offences to the same authorities and may receive information, protection or assistance through arrangements that are especially documented in the Região Autónoma do Príncipe. Special safeguards include a child-friendly courtroom introduced in 2024 and a Sala de Depoimentos para Memória Futura in São Tomé, established on 20 May 2025 to preserve evidence and reduce repeated trauma.