Criminal Procedure Code at Equatorial Guinea
Equatorial Guinea's criminal justice system is governed by the Penal Code, which was initially adopted in 1963. This code outlines the classification of offences, penalties, and procedures for criminal trials. It has undergone various amendments to align with evolving legal standards and international human rights commitments. (Penal Code (consolidated text of 1963), Equatorial Guinea, WIPO Lex)
Key Features of the Penal Code
Classification of Offences
Offences under the Penal Code are categorized as:
Felonies: Serious crimes punishable by death or imprisonment exceeding 10 years.
Misdemeanours: Offences punishable by imprisonment between 10 days and 10 years, or fines exceeding CFAF 25,000.
Simple Offences: Minor crimes punishable by imprisonment up to 10 days or fines up to CFAF 25,000. (WIPO Lex)
Principal Penalties
The Penal Code prescribes various penalties, including:
Death Penalty: Historically prescribed for certain serious crimes.
Imprisonment: Incarceration with mandatory labour, subject to court orders.
Fines: Monetary penalties imposed alongside or instead of imprisonment.
Probation and Restitution: Alternative sentences allowing offenders to make amends. (WIPO Lex)
Rights and Guarantees in Criminal Proceedings
The Penal Code ensures fundamental rights during criminal proceedings, such as:
Right to legal counsel and defence.
Presumption of innocence until proven guilty.
Protection against double jeopardy.
Right to appeal and receive visits from family and legal representatives. (Equatorial Guinea – IIJD, WIPO Lex)
Recent Legal Reforms
In 2022, Equatorial Guinea enacted Law No. 4/2022, introducing significant reforms:
Abolition of the Death Penalty: The death penalty was removed from the Penal Code, reflecting a commitment to human rights.
Introduction of Terrorism Offences: For the first time, the law explicitly defines and criminalizes acts of terrorism. (Capital punishment in Equatorial Guinea, Counterterrorism laws in Equatorial Guinea | Laws on Countering Terrorism WorldwideCountering Terrorism Worldwide)
Accessing the Penal Code
The full text of the Penal Code, including its amendments, is available on the WIPO Lex database, which provides access to legal documents from various jurisdictions. You can view the consolidated text of the 1963 Penal Code here: (Penal Code (consolidated text of 1963), Equatorial Guinea, WIPO Lex). (Penal Code (consolidated text of 1963), Equatorial Guinea, WIPO Lex)
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