Criminal law in Sudan

Sudan's criminal justice framework includes the Criminal Act 1991 and amendments made in 2020, the Criminal Procedure Act 1991, the Child Act 2010, the Traffic Act 2010 and the Cybercrime Act 2007. The Constitutional Document 2019 and officially listed amendments, including changes recorded in 2020 and 2025, together with ratified human rights treaties, provide additional constitutional and rights-based reference points. These rules concern offences against people, property, public order, state security and digital systems, as well as war crimes, crimes against humanity and genocide. Sudanese criminal law is separate from South Sudanese law. A criminal report can be made to the Sudan Police Force or the Public Prosecution. The police normally investigate, while the Public Prosecution directs or supervises the investigation, determines the accusation and brings the case before a criminal court. Ordinary courts formally hear criminal cases, and appeal routes exist. The Public Prosecution is also expected to inspect detention places and monitor procedural rights. In state-security cases, Military Intelligence or the General Intelligence Service may become involved; an official government description reported detention by the former NISS for one month during investigation, extendable by three months. A person accused of an offence is presumed innocent until the prosecution proves guilt. The person should receive the reasons for arrest and the accusation without undue delay, may choose a lawyer, and should not be forced to incriminate themself. Legal aid is provided in law or according to official statements for people who cannot afford representation in serious cases, but practical availability varies. Trials should be fair, public and independent and should not face unjustified delay. Trials in the person's absence are regulated by law. Confessions obtained through coercion or torture are not admissible under the applicable evidence principles. The formal pathway is usually a complaint or report, police investigation, prosecutorial review, referral to a criminal court, judgment and possible appeal. In Darfur, Al-Gazira, Khartoum, Sennar and large parts of Kordofan, war-related disruption has caused courts, police and prosecution services to collapse or operate intermittently. Services have been more available in eastern states, Northern, River Nile, South Kordofan, White Nile and Blue Nile, but access still depends on security, transport, the location of detention and available documentation. The Public Prosecution headquarters are in Port Sudan. SAF-controlled procedures can be extremely accelerated, while RSF field or emergency courts and local appointments have serious concerns regarding transparency, independence and legality. Neither SAF- nor RSF-controlled de facto structures should automatically be treated as independent ordinary criminal justice. Possible sanctions include imprisonment, fines, life imprisonment, the death penalty, qisas and diyah, and hudud punishments. Qisas refers to retaliation-based punishment in certain serious cases, while diyah refers to monetary compensation connected with such cases. Hudud refers to fixed punishment categories under the applicable legal framework. The death penalty is constitutionally excluded for offences committed by people under 18 and is generally limited to qisas, hudud and exceptionally serious offences; people over 70 generally receive protection except in qisas or hudud cases. The 2020 changes abolished apostasy as an offence, ended ordinary public flogging, removed the alcohol restriction for non-Muslims, criminalized female genital mutilation and set a maximum ten-year penalty for identity impersonation. The death penalty for rape was replaced by life imprisonment in 2020. Residual qisas and hudud risks, regional differences and conflict-related uncertainty require case-specific legal advice. Children are treated under the Child Act 2010. A child means a person under 18, and criminal responsibility generally begins at age 12. Family and Child Protection Units combine police, social, medical and forensic functions. Child prosecutors and judges, diversion and alternative measures are intended to be used, while detention should be a last resort and as short as possible. Implementation is uneven, and children in conflict areas may still be treated or detained like adults. Recruitment, abduction and detention of children are especially serious concerns during the war. The Traffic Act 2010 covers causing injury, death or property damage, reckless or dangerous driving, speeding, driving under the influence, hit-and-run conduct, signal violations and negligent driving. Traffic police and courts may handle these cases, and immediate settlement powers exist in some situations. A traffic death can also overlap with homicide or negligent homicide under the Criminal Act. Current nationwide penalty amounts and enforcement practice are not reliably verified, so a person should not rely on an outdated schedule. The Cybercrime Act 2007 can apply when conduct occurs wholly or partly outside Sudan but produces an effect in Sudan. It addresses unauthorized access or alteration of data, disruption, interception, extortion, fraud, impersonation, payment-card data, privacy, public order, morals, religion, terrorism or security information, intellectual property, trafficking, narcotics and money laundering. Reported maximum terms include five years for some access or data offences, ten years for some disruption, private-site or security offences and twelve years for certain card-data offences; confiscation may also be available. The 2020 amendment strengthened protection of privacy and addressed harmful publication. Digital speech and security allegations carry a high legal risk, and specialized cybercrime courts, prosecution services and police units have been reported through the National Information Center. Victims can report an offence to the police or Public Prosecution. A 2024 direction allows sexual-violence complaints to be accepted outside the original territorial jurisdiction. Medical facilities, police desks, Family and Child Protection Units and women's civil-society organizations can provide possible access points, depending on the area. Sudan does not have a reliably functioning nationwide victim or witness protection system, and practical assistance, compensation and reparation for conflict-related sexual violence remain uncertain. Under-reporting, stigma and retaliation risks can affect whether a complaint is made and whether it proceeds. Any person may report a suspected offence, but practical access depends on the state, territorial control, security, transport, detention location and available records. Sudan has no reliably functioning nationwide online reporting or single criminal-case pathway. Routine fees and case-duration tables are not reliably available, and cases may be delayed by destroyed courts, missing police or prosecution services, and limited access to lawyers and witnesses. Legal aid may reduce the financial burden for eligible accused persons, while medical, transport and emergency support for victims may depend on personal resources or civil-society assistance. Local customary or informal mediation may serve as a transition or alternative for minor disputes, but it does not replace state prosecution of serious offences.