Criminal law in Togo

Togo's criminal law covers crimes, offences and minor violations, including homicide, violence, sexual offences, gender-based violence, theft, fraud, trafficking, drugs, terrorism, corruption, torture, money laundering, misappropriation of public funds, weapons offences, electoral offences and digital offences. The principle of legality means that conduct can be punished only when a law defines it as an offence and provides a penalty. Criminal provisions receive strict interpretation, do not normally apply retroactively, and may require intent or legally defined negligence. Recognized defences and justifications include legitimate self-defence, acting under legal authority and necessity. The Constitution protects life, liberty and privacy and prohibits torture and inhuman or degrading treatment. Togo does not apply the death penalty. A criminal matter may begin with a complaint or report to the Police nationale, Gendarmerie nationale or the public prosecutor's office, known locally as the Parquet. Judicial police officers, or OPJ, record statements and evidence under the authority provided by criminal procedure. Police custody normally lasts up to 48 hours and may be extended by another 48 hours by the Procureur de la République or the judge responsible for the public prosecutor's office; an additional 24 hours may apply when an arrest takes place away from the seat of the public prosecutor's office. Records should document the procedure and interpretation when needed. A search or seizure follows the Code of Criminal Procedure. A judge of investigation may act on a request from the public prosecutor or after a victim files a complaint with civil-party status. At the first questioning, the suspect should receive information about the allegations, the right to remain silent and the right to choose a lawyer. A lawyer is provided for questioning and confrontation, and the case file should be available at least 24 hours before questioning. Criminal cases may pass through a court with correctional jurisdiction, a Tribunal de grande instance, a Tribunal criminel, a Court of Appeal, a Criminal Court of Appeal or the Supreme Court. Juvenile courts and military courts have specialized roles. Prosecuting, investigating and judging functions are separated. Crimes have two levels of judicial review, and the Code of Criminal Procedure provides remedies such as opposition, appeal and review by the Supreme Court. Criminal penalties include fixed-term imprisonment from 5 to 50 years for criminal offences, confiscation, loss of civic rights and correctional imprisonment from 1 day to 5 years. Other penalties can include fines, confiscation of movable property, restrictions on rights, community service and day-fines. For minor violations, community service may reach 40 hours or a fine may reach FCFA 150,000. The system also provides alternatives such as criminal mediation, composition pénale, exemption from punishment, suspended sentences of up to 3 years and adjournment of sentencing. The exact penalty depends on the offence, the proven facts and the applicable provision. A victim may file a complaint, become a partie civile during the investigation or proceedings, and seek compensation or restitution. A deposit is generally required for a complaint with civil-party status, but the requirement can be waived when legal aid applies. Togo's 2024 gender-based-violence protocol uses coordinated medical, psychosocial and judicial support. Sexual violence against learners should be reported to the school, a listening centre, law-enforcement authorities or the justice system. Children under 18 fall within the youth-justice system. A child under 14 is criminally irresponsible, while children aged 14 to 17 are handled by youth-justice bodies with priority given to educational measures. The children's judge may order a social, medical or psychological assessment. Temporary placement or detention has special conditions and maximum periods of 3 months for offences and 12 months for crimes, subject to the applicable procedure. The child and parents should be informed, and an application for release or an appeal can be made within 8 days. Practical use of diversion and alternatives to detention remains limited. Road offences are governed by the 2013 Road Code. Police officers, gendarmes and authorized transport officials can record violations, while the driver remains criminally responsible for driving conduct. A blood alcohol level of at least 0.80 g/l or a breath level of at least 0.40 mg/l is classified as serious. Driving under the influence of alcohol or drugs, speeding by more than 50 km/h, driving without a valid licence, fleeing an accident, refusing to obey and causing serious injury or death through negligence can trigger administrative and criminal consequences. Licence withdrawal can last from 15 days to 3 months for a moderately serious violation and from 3 to 6 months for a serious one. Combining alcohol and drugs doubles the measure and can lead to immobilization or confiscation of the vehicle. Digital offences are governed mainly by the 2018 Cybersecurity and Cybercrime Act. The Agence nationale de la cybersécurité, or ANCy, operates under the ministry responsible for digital affairs and security, while CERT.tg receives technical incident reports. Fraudulent access to or continued presence in a computer system can lead to 6 months to 2 years of imprisonment and a fine of FCFA 5,000,000 to 20,000,000. Serious disruption can double the penalty. Attacks on systems or data can lead to 3 to 5 years and a fine of FCFA 25,000,000 to 100,000,000, with higher penalties for attacks against the State. Child sexual-abuse material involving a child under 15 can lead to 5 to 10 years and a fine. A technical report to CERT.tg does not replace a criminal complaint. The 2013 legal-aid law provides for full or partial state-funded assistance, but practical implementation and public awareness have remained limited. No uniform criminal filing fee has been verified. Costs can arise from a deposit, lawyer, expert examination and travel. Overall case duration cannot be stated reliably for Togo; the clearest fixed time limits concern police custody and juvenile pretrial detention.