Criminal Procedure Code at São Tomé and Príncipe
The Criminal Procedure Code of São Tomé and Príncipe is governed by the Law No. 3/2011, which was enacted on August 15, 2011. This law serves as the primary legal framework for criminal procedure in the country, establishing the procedures for criminal investigations, prosecutions, trials, and sentencing, while ensuring the protection of rights for the accused, victims, and society.
Key Features of the Criminal Procedure Code of São Tomé and Príncipe
General Principles: The Code enshrines the principles of fairness, equality before the law, and respect for fundamental human rights throughout criminal proceedings.
Public Prosecution: The Public Ministry (Ministério Público) plays a crucial role in the investigation and prosecution of criminal offenses, ensuring the proper administration of justice.
Right to a Fair Trial:
The right to a public hearing and a fair trial is guaranteed to the accused.
The principle of presumption of innocence is fundamental, meaning that individuals are considered innocent until proven guilty.
Pretrial Procedures: The Code establishes detailed procedures for arrest, detention, and the right to be informed of the charges. It also covers measures for investigation, such as search and seizure, and the role of the police in gathering evidence.
Judicial Review: Any decision related to pretrial detention or other significant measures must be reviewed by a court to ensure legality and fairness.
Trial and Sentencing:
The Code outlines the process for trials, including the role of the judge, the right to defense counsel, and the examination of evidence.
Sentencing is based on the severity of the crime, with provisions for rehabilitation and restorative justice where applicable.
Appeals: The Code provides for the right to appeal decisions to a higher court, ensuring that any errors or injustices can be addressed.
Access to the Code
You may be able to access the full text of the Criminal Procedure Code through government publications or legal databases that offer legislation from São Tomé and Príncipe. However, as of now, direct access to the text online may be limited. You may want to consult with local legal institutions, or academic resources on law in São Tomé and Príncipe for more detailed access to this law.
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