Criminal Procedure Code at Central African Republic
The Central African Republic (CAR)'s criminal justice system is primarily governed by the Criminal Procedure Code, established under Law No. 10.002 of January 6, 2010. This Code was revised alongside the Central African Penal Code (Law No. 10.001 of January 6, 2010) to align with international standards, including the Rome Statute of the International Criminal Court (ICC) . (Central African Republic and the Rome Statute - Campaign for the Universality and Effectiveness of the System of the Rome Statute of the International Criminal Court (ICC))
⚖️ Key Features of the Criminal Procedure Code
1. Adversarial System and Judicial Reforms
The 2010 reforms introduced an adversarial system of justice, moving away from the inquisitorial system previously in place. This shift aimed to enhance the fairness and transparency of criminal proceedings by clearly delineating the roles of judges, prosecutors, and defense attorneys . (Parliament of the Central African Republic adopts the law establishing a Special Criminal Court - News Center)
2. Alignment with International Law
The revised Code incorporates provisions that define and criminalize offenses under international law, such as genocide, crimes against humanity, and war crimes, bringing CAR's legal framework into conformity with the Rome Statute . (Parliament of the Central African Republic adopts the law establishing a Special Criminal Court - News Center)
3. Cooperation with the International Criminal Court (ICC)
A dedicated Title (Title XIV) within the Code outlines procedures for CAR's cooperation with the ICC, including the handling of extradition requests and the enforcement of sentences, thereby reinforcing CAR's commitment to international justice . (Parliament of the Central African Republic adopts the law establishing a Special Criminal Court - News Center)
🏛️ Special Criminal Court
In addition to the national legal framework, CAR established the Special Criminal Court (SCC) through Act No. 15.003 of June 3, 2015. The SCC is a hybrid court designed to prosecute serious crimes such as war crimes and crimes against humanity committed on CAR's territory since January 1, 2003. It operates alongside national courts and the ICC, with primacy over ordinary national jurisdictions for these specific offenses . (What is Central African Republic's Special Criminal Court ?)
🔄 Ongoing Reforms and Challenges
Despite these advancements, there is a recognized need for further reform. Critics argue that the current Criminal Procedure Code, while a significant step forward, remains heavily influenced by French legal traditions and may not fully address the unique challenges faced by CAR, such as pervasive insecurity and limited judicial infrastructure . (Centrafrique : Nécessité de la réforme du Code Pénal et du code de procédure pénale - Oubangui Médias)
📚 Accessing the Full Text
For a comprehensive understanding of the Criminal Procedure Code, you can access the full text through the World Intellectual Property Organization's (WIPO) legal database:
Law No. 10.002 of January 6, 2010 – Central African Criminal Procedure Code (French)
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