Criminal Procedure Code at Afghanistan
Afghanistan's Criminal Procedure Code (CPC) has undergone several significant reforms over the past few decades, reflecting efforts to modernize the legal system and address evolving societal needs. Here's an overview of its development and key provisions:
📜 Historical Development
1976 Penal Code: The original Penal Code was enacted under Decree No. 910 on September 21, 1976, during the rule of the People's Democratic Party of Afghanistan. It consisted of two books, eight sections, and 523 articles, focusing primarily on substantive criminal law. (Legislation of the Republic of Afghanistan. Decree nº 910, dated 31 Sunbula (21 september 1976) of the Prime Ministry, santioned the Penal Code. - Informática Jurídica)
Interim Criminal Procedure Code (2004): Following the fall of the Taliban, an Interim Criminal Procedure Code was introduced in 2004. However, it faced criticism for being a "legal transplant" that did not adequately consider Afghanistan's legal traditions and societal context. (Legal Transplants as Solutions for Post-Intervention Criminal Law Reform: Afghanistan’s Interim Criminal Procedure Code 2004** | The American Journal of Comparative Law | Oxford Academic)
Criminal Procedure Code (2014): A comprehensive CPC was finalized in 2014, incorporating various criminal laws enacted since 2001, including those on counter-terrorism, anti-corruption, anti-money laundering, and anti-human trafficking. It was approved by the National Assembly and signed into law by President Hamid Karzai on February 23, 2014.
Penal Code (2017): In 2017, a new Penal Code was enacted, focusing on substantive criminal law. It introduced provisions for alternatives to imprisonment, such as probation and community service, and emphasized rehabilitation over punitive measures. (Afghanistan Penal Code (2017) - Official Gazette)
⚖️ Key Provisions of the 2014 Criminal Procedure Code
Detention Regulations: The CPC outlines specific conditions under which a suspect may be detained, including the necessity of a detention warrant and limitations on detention periods. For instance, detention can be extended up to 30 days for felony cases and 10 days for misdemeanors, subject to court approval. (Detention in 'Afghanistan - Criminal Procedure Code 2014 EN')
Rights of the Accused: The code ensures the right to legal representation, the right to be informed of charges, and the right to a fair trial. It also mandates that detainees be informed of their rights upon arrest. (Detention in 'Afghanistan - Criminal Procedure Code 2014 EN')
Witness Testimony: Notably, the code addresses the issue of witness testimony, particularly in cases involving domestic violence and sexual assault. Amendments were made to allow relatives to testify against each other, countering previous provisions that had barred such testimonies. (Afghan Ministry of Justice Amends Criminal Procedure Code to Protect Women Victims of Violence - Feminist Majority Foundation)
🏛️ Challenges and Reforms
Despite these advancements, the implementation of the CPC has faced challenges. The Afghan judicial system has been criticized for its weakness and lack of independence. International reports indicate that the Afghan government has completed few of the judicial reform benchmarks agreed upon at international conferences, such as the Kabul Conference in 2010.
📚 Accessing the Full Text
The full text of the 2014 Criminal Procedure Code is available in English, Dari, and Pashto. You can access it through the Centre for International Criminal Justice's database: (Detention in 'Afghanistan - Criminal Procedure Code 2014 EN')
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