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Somalia > Criminal and penal law

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Country: Somalia - Subject: Criminal and penal law

  1. Somalia - Criminal and penal law - Law, Act

    Rape and Sexual Offences Law (Law No. 78/2018). - Legislation on-line

    Adoption: 2018-09-01 | SOM-2018-L-108744

  2. Somalia - Criminal and penal law - Law, Act

    Somaliland Piracy Law (Law No. 52/2012). (Xeerka La Dagalaanka Budhcad Badeedka (Xeer Lr. 52/2012)) - Legislation on-line in English

    Adoption: 2011-03-21 | Date of entry into force: 2011-03-21 | SOM-2011-L-94695

    Article 1: Title of the Law
    Article 2: Definitions
    Article 3: The Purposes of this Law
    Article 4: Punishment for the Crime of Piracy
    Article 5: Jurisdiction of Somaliland Courts
    Article 6: A Pirate Ship or Aircraft
    Article 7: Ownership or Loss of the nationality of a ship or an aircraft
    Article 8: Search and Seizure of Sea Vessels by the Coastal Guard Force
    Article 9: Infringements by a Master or Officer of a Vessel
    Article 10: Prohibition of Conversion of Imprisonment
    Article 11: Confiscation
    Article 12: The Provisions of this Law
    Article 13: Repeals
    Article 14: Coming into force

    Articles 205 and 206 of the Maritime Code (Legislative Decree No. 1) of 21 February 1959 are hereby repealed. Similarly, all provisions contained in other laws which are contrary to this Law are hereby repealed.

  3. Somalia - Criminal and penal law - Law, Act

    Juvenile Justice Law (Law No. 36/2007). (Jamhuuriyadda Somaliland Xeerka Nidaamka Garsoorka Caruurta Lr./36/2007) - Legislation on-line

    Adoption: 2007 | SOM-2007-L-91559

    The Act supplements the Penal Code and the Criminal Procedure Code and its provisions will apply to all criminal matters relating to juveniles. Article 13 of the Penal Code states that where an issue is governed by more than one criminal law, the special law shall, unless otherwise provided, prevail over the general law. Also to avoid gaps in the criminal law, Article 14 of the Penal Code confirms that the Penal Code shall still apply to matters governed by other special criminal laws, such as this Law, unless the special laws specifically provide otherwise. This Law does that in Article 3 by emphasizing that this Law will take precedence over all laws in matters relating to juvenile justice. The Penal Code will, therefore, continue to apply only in those situations, which are not expressly covered by this special law.

    Unlike various other countries where the age of lack criminal responsibility (doli incapax) has been reduced over the years, Article 10 of this Law raises the age of criminal responsibility from 14, which it was under Article 59 of the Somali Penal Code, to 15. However, as in the Penal Code, minors aged 15 to 18 shall be liable for any criminal acts committed if they have the capacity of "understanding and volition". These changes are, however, more in line with the views of the UN Committee on the Rights of the Child (see their General comment No: 10 (2007) - para 30 - 39.

    As set out in Chapter 2, Part 1 of the Law (and also in the Organisation of the Judiciary Law), all the courts of first instance (district & regional) as well as the appellate courts shall have sections dealing with juvenile cases. The juvenile sections, at first instance courts, shall consist of a judge and two lay assessors (Arts 18 & 19 of this Law). Lay assessors are chosen by the courts from lists prepared annually by the Minister of Justice under Article 38 of the Organisation of the Judiciary Law.

    The punishment in juvenile cases shall not include death, life imprisonment, physical punishment or imprisonment of a period exceeding 15 years.

  4. Somalia - Criminal and penal law - Law, Act

    Penal Code. - Legislation on-line Legislation on-line

    Adoption: 1963-10-02 | SOM-1963-L-88090

  5. Somalia - Criminal and penal law - Law, Act

    Criminal Procedure Code (Legislative Decree No: 1 of 1 June 1963). - Legislation on-line Legislation on-line Legislation on-line Legislation on-line Legislation on-line Legislation on-line

    Adoption: 1963-06-01 | Date of entry into force: 1965-03-31 | SOM-1963-L-91560

    The Criminal Procedure Code (which consists of 288 Articles) includes concepts which are found in common law countries, such as the presumption of innocence, the onus and burden of proof, the writ of haebus corpus and rules of evidence.

    The Code still applies, with some exceptions, to Somaliland.


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