Criminal Procedure Code at Benin
Benin's Code of Criminal Procedure is established under Law No. 2012-15, enacted by the National Assembly on March 30, 2012. This legislation outlines the procedures for criminal trials and the rights of individuals within the criminal justice system in Benin. (Benin approves new Code of Criminal Procedure — Criminal Justice)
Key Features of the Code
Fair and Impartial Criminal Procedure: The Code emphasizes that criminal procedures must be fair, impartial, and preserve the balance of rights between the parties involved. It ensures the separation of the authorities responsible for public action and those of judgment. (Machine Translation of "Criminal Procedure Code" (Benin))
Judicial Police Functions: The Code defines the roles and territorial limits of judicial police officers, including mayors who may exercise judicial police functions under specific conditions. (Machine Translation of "Criminal Procedure Code" (Benin))
Preliminary Investigations: Judicial police officers conduct preliminary investigations under the conditions set out in the Code. They have the authority to carry out searches, home visits, and seizures of exhibits, provided there is express consent from the person involved. (Machine Translation of "Criminal Procedure Code" (Benin))
Custody and Detention: The Code outlines the conditions under which individuals may be held in custody, ensuring that custody is used only when necessary to achieve specific objectives, such as permitting the execution of investigations or preventing the alteration of evidence. (Machine Translation of "Criminal Procedure Code" (Benin))
Rights of the Accused: Individuals in custody must be informed of their rights, including the right to establish contact with a lawyer, to be examined by a doctor of their choice, and to inform and receive a member of their family. (Machine Translation of "Criminal Procedure Code" (Benin))
Pre-Trial Detention: Pre-trial detention is considered an exceptional measure and must be necessary and useful for the conduct of investigations and the manifestation of truth. The Code specifies the conditions under which pre-trial detention may be ordered or extended. (Machine Translation of "Criminal Procedure Code" (Benin))
Judicial Oversight: The Justice of Freedoms and Detention is responsible for managing detention and judicial review of accused persons, ordering or extending pre-trial detention, and deciding on applications for provisional release. (Machine Translation of "Criminal Procedure Code" (Benin))
Trial Procedures: The Code outlines the procedures for trials, including the rights of the accused, the conduct of hearings, and the rendering of decisions. It ensures that individuals are not detained for press offenses and that the accused remains free unless pre-trial detention is ordered.
Special Procedures for Drug Control: The Code establishes special procedures for the production and illicit trafficking of substances, specifying the competence of Beninese courts and the measures for the seizure of drugs and precursors. (Machine Translation of "Criminal Procedure Code" (Benin))
Accessing the Code
An unofficial English translation of the Criminal Procedure Code of Benin is available through Global-Regulation.com. This resource provides access to the full text of the Code, allowing for a comprehensive understanding of the criminal procedures in Benin. (Machine Translation of "Criminal Procedure Code" (Benin))
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