Criminal Procedure Code at Cape Verde
Cape Verde's criminal justice system is governed by the Code of Criminal Procedure (Código de Processo Penal), which outlines the procedures for criminal investigations, prosecutions, and trials. This code is complemented by the Penal Code (Código Penal), which defines criminal offenses and prescribes penalties.
Key Features of the Code of Criminal Procedure
1. Constitutional Safeguards
The Constitution of Cape Verde provides robust protections for fundamental rights and freedoms, including safeguards applicable to criminal investigations. Specifically, Articles 34 and 35 ensure the protection of human rights during the criminal process. These constitutional provisions are reflected in the procedural laws, which require that actions such as search, seizure, and interception of communications be authorized by judicial authorities and conducted in accordance with the law .
2. International Human Rights Commitments
Cape Verde is a party to several international human rights treaties, including the International Covenant on Civil and Political Rights and the European Convention on Human Rights. These commitments influence the country's criminal procedure laws, ensuring that they align with international human rights standards .
3. Cybercrime Legislation
In response to the growing challenges of cybercrime, Cape Verde has been working on aligning its domestic laws with the Council of Europe's Budapest Convention on Cybercrime. The draft law on cybercrime includes provisions for the establishment, implementation, and application of powers and procedures related to cybercrime, subject to conditions and safeguards provided under domestic law. These include requirements for judicial authorization and adherence to human rights protections during the implementation of investigative measures .
4. Judicial Oversight
The Code of Criminal Procedure emphasizes the role of the judiciary in overseeing criminal investigations and ensuring that procedural safeguards are upheld. Judicial authorization is required for certain investigative actions, and courts are responsible for reviewing the legality of detention and other measures affecting individual rights.
5. Penalties and Sentencing
The Code of Criminal Procedure outlines the procedures for determining penalties and sentencing, ensuring that they are proportionate to the offenses committed. The Penal Code provides detailed definitions of criminal offenses and the corresponding penalties, which are applied in accordance with the procedural rules established in the Code of Criminal Procedure.
Accessing the Code of Criminal Procedure
The full text of the Code of Criminal Procedure is available through the World Intellectual Property Organization's WIPO Lex database: (Law No. 8/VII/2007 of March 26, 2007, on the Delegation Powers to the Government for the Establishment of the Legal Regime Applicable to the Promotion and Protection of Industrial Property Rights and its Regulations, Cabo Verde, WIPO Lex)
👉 Cape Verde Code of Criminal Procedure – WIPO Lex
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