CRIMINAL JUSTICE SYSTEMS IN SUB-SAHARAN AFRICA Prepared by Members of the Staff Near Eastern and African Law Division March 1976CRIMINAL JUSTICE SYSTEMS IN SUB-SAHARAN AFRICA Prepared by Members of the Staff Near Eastern and African Law Division March 1976CRIMINAL JUSTICE SYSTEMS IN SUB-SAHARAN AFRICA Prepared by Members of the Staff Near Eastern and African Law Division March 1976CRIMINAL JUSTICE SYSTEMS IN SUB-SAHARAN AFRICA Prepared by Members of the Staff Near Eastern and African Law Division March 1976CRIMINAL JUSTICE SYSTEMS IN SUB-SAHARAN AFRICA Prepared by Members of the Staff Near Eastern and African Law Division March 1976ENGLISH SPEAKING AFRICA The influence of English criminal law is found throughout English speaking Africa, including South Africa, where the legal system is based on Roman-Dutch law. However, the criminal laws of English speaking Africa, unlike those of England, are usually codified. For the most part, these codes are based on criminal codes drafted by the British for use in other colonies. For example, the Criminal Code of Ghana was based on the code drafted for use in St. Lucia in 1889, which, in turn, was based on a draft code for Jamaica. In Northern Nigeria, the penal code in force today is derived from the Indian Penal Code of 1860, as is that of the Sudan. Other countries which may be included here are Botswana, Gambia, Kenya, Malawi, Uganda, Tanzania, and Zanzibar. The penal codes of these countries are based on the one in force in Southern Nigeria which was derived from a draft model written by the British Colonial Office. These drafts were based on the Queensland Criminal Code of 1889. Rhodesia, South Africa, Lesotho and Swaziland have uncodified criminal laws, based on a blend of common law and Roman-Dutch law. The influence of common law is predominant in these countries. Sierra Leone has unmodified common laws for crimes, supplemented by English statutes, while theENGLISH SPEAKING AFRICA The influence of English criminal law is found throughout English speaking Africa, including South Africa, where the legal system is based on Roman-Dutch law. However, the criminal laws of English speaking Africa, unlike those of England, are usually codified. For the most part, these codes are based on criminal codes drafted by the British for use in other colonies. For example, the Criminal Code of Ghana was based on the code drafted for use in St. Lucia in 1889, which, in turn, was based on a draft code for Jamaica. In Northern Nigeria, the penal code in force today is derived from the Indian Penal Code of 1860, as is that of the Sudan. Other countries which may be included here are Botswana, Gambia, Kenya, Malawi, Uganda, Tanzania, and Zanzibar. The penal codes of these countries are based on the one in force in Southern Nigeria which was derived from a draft model written by the British Colonial Office. These drafts were based on the Queensland Criminal Code of 1889. Rhodesia, South Africa, Lesotho and Swaziland have uncodified criminal laws, based on a blend of common law and Roman-Dutch law. The influence of common law is predominant in these countries. Sierra Leone has unmodified common laws for crimes, supplemented by English statutes, while theENGLISH SPEAKING AFRICA The influence of English criminal law is found throughout English speaking Africa, including South Africa, where the legal system is based on Roman-Dutch law. However, the criminal laws of English speaking Africa, unlike those of England, are usually codified. For the most part, these codes are based on criminal codes drafted by the British for use in other colonies. For example, the Criminal Code of Ghana was based on the code drafted for use in St. Lucia in 1889, which, in turn, was based on a draft code for Jamaica. In Northern Nigeria, the penal code in force today is derived from the Indian Penal Code of 1860, as is that of the Sudan. Other countries which may be included here are Botswana, Gambia, Kenya, Malawi, Uganda, Tanzania, and Zanzibar. The penal codes of these countries are based on the one in force in Southern Nigeria which was derived from a draft model written by the British Colonial Office. These drafts were based on the Queensland Criminal Code of 1889. Rhodesia, South Africa, Lesotho and Swaziland have uncodified criminal laws, based on a blend of common law and Roman-Dutch law. The influence of common law is predominant in these countries. Sierra Leone has unmodified common laws for crimes, supplemented by English statutes, while theENGLISH SPEAKING AFRICA The influence of English criminal law is found throughout English speaking Africa, including South Africa, where the legal system is based on Roman-Dutch law. However, the criminal laws of English speaking Africa, unlike those of England, are usually codified. For the most part, these codes are based on criminal codes drafted by the British for use in other colonies. For example, the Criminal Code of Ghana was based on the code drafted for use in St. Lucia in 1889, which, in turn, was based on a draft code for Jamaica. In Northern Nigeria, the penal code in force today is derived from the Indian Penal Code of 1860, as is that of the Sudan. Other countries which may be included here are Botswana, Gambia, Kenya, Malawi, Uganda, Tanzania, and Zanzibar. The penal codes of these countries are based on the one in force in Southern Nigeria which was derived from a draft model written by the British Colonial Office. These drafts were based on the Queensland Criminal Code of 1889. Rhodesia, South Africa, Lesotho and Swaziland have uncodified criminal laws, based on a blend of common law and Roman-Dutch law. The influence of common law is predominant in these countries. Sierra Leone has unmodified common laws for crimes, supplemented by English statutes, while theENGLISH SPEAKING AFRICA The influence of English criminal law is found throughout English speaking Africa, including South Africa, where the legal system is based on Roman-Dutch law. However, the criminal laws of English speaking Africa, unlike those of England, are usually codified. For the most part, these codes are based on criminal codes drafted by the British for use in other colonies. For example, the Criminal Code of Ghana was based on the code drafted for use in St. Lucia in 1889, which, in turn, was based on a draft code for Jamaica. In Northern Nigeria, the penal code in force today is derived from the Indian Penal Code of 1860, as is that of the Sudan. Other countries which may be included here are Botswana, Gambia, Kenya, Malawi, Uganda, Tanzania, and Zanzibar. The penal codes of these countries are based on the one in force in Southern Nigeria which was derived from a draft model written by the British Colonial Office. These drafts were based on the Queensland Criminal Code of 1889. Rhodesia, South Africa, Lesotho and Swaziland have uncodified criminal laws, based on a blend of common law and Roman-Dutch law. The influence of common law is predominant in these countries. Sierra Leone has unmodified common laws for crimes, supplemented by English statutes, while the English speaking Africa - 2 Liberian Criminal Code is of American derivation. The Ethiopian Criminal Code of 1957 is based on the Penal Code of Switzerland of 1937, but is incorporates many recent innovations concerning genocide and offenses against international humanitarian organizations. Criminal Codes The Criminal Code of 1916, in force in Southern Nigeria, is a good example of a typical criminal code for the common law countries of English speaking Africa. It consists of eight parts with 521 sections: The first part deals with interpretation, parties to offenses, application of criminal law, and criminal responsibility; the second part is concerned with offenses against public order; part three relates to offenses against justice and public authority; part four covers offenses against persons, offenses relating to marriage, parental rights and duties, and offenses against the individual's reputation; part six contains offenses against property and contracts; part seven contains miscellaneous offenses, such as cruelty to animals, and offenses relating to ships and crew members; finally, part eight concerns conspiracy, attempts, incitement, and accessories after the fact. English speaking Africa - 2 Liberian Criminal Code is of American derivation. The Ethiopian Criminal Code of 1957 is based on the Penal Code of Switzerland of 1937, but is incorporates many recent innovations concerning genocide and offenses against international humanitarian organizations. Criminal Codes The Criminal Code of 1916, in force in Southern Nigeria, is a good example of a typical criminal code for the common law countries of English speaking Africa. It consists of eight parts with 521 sections: The first part deals with interpretation, parties to offenses, application of criminal law, and criminal responsibility; the second part is concerned with offenses against public order; part three relates to offenses against justice and public authority; part four covers offenses against persons, offenses relating to marriage, parental rights and duties, and offenses against the individual's reputation; part six contains offenses against property and contracts; part seven contains miscellaneous offenses, such as cruelty to animals, and offenses relating to ships and crew members; finally, part eight concerns conspiracy, attempts, incitement, and accessories after the fact. English speaking Africa - 2 Liberian Criminal Code is of American derivation. The Ethiopian Criminal Code of 1957 is based on the Penal Code of Switzerland of 1937, but is incorporates many recent innovations concerning genocide and offenses against international humanitarian organizations. Criminal Codes The Criminal Code of 1916, in force in Southern Nigeria, is a good example of a typical criminal code for the common law countries of English speaking Africa. It consists of eight parts with 521 sections: The first part deals with interpretation, parties to offenses, application of criminal law, and criminal responsibility; the second part is concerned with offenses against public order; part three relates to offenses against justice and public authority; part four covers offenses against persons, offenses relating to marriage, parental rights and duties, and offenses against the individual's reputation; part six contains offenses against property and contracts; part seven contains miscellaneous offenses, such as cruelty to animals, and offenses relating to ships and crew members; finally, part eight concerns conspiracy, attempts, incitement, and accessories after the fact. English speaking Africa - 2 Liberian Criminal Code is of American derivation. The Ethiopian Criminal Code of 1957 is based on the Penal Code of Switzerland of 1937, but is incorporates many recent innovations concerning genocide and offenses against international humanitarian organizations. Criminal Codes The Criminal Code of 1916, in force in Southern Nigeria, is a good example of a typical criminal code for the common law countries of English speaking Africa. It consists of eight parts with 521 sections: The first part deals with interpretation, parties to offenses, application of criminal law, and criminal responsibility; the second part is concerned with offenses against public order; part three relates to offenses against justice and public authority; part four covers offenses against persons, offenses relating to marriage, parental rights and duties, and offenses against the individual's reputation; part six contains offenses against property and contracts; part seven contains miscellaneous offenses, such as cruelty to animals, and offenses relating to ships and crew members; finally, part eight concerns conspiracy, attempts, incitement, and accessories after the fact. English speaking Africa - 2 Liberian Criminal Code is of American derivation. The Ethiopian Criminal Code of 1957 is based on the Penal Code of Switzerland of 1937, but is incorporates many recent innovations concerning genocide and offenses against international humanitarian organizations. Criminal Codes The Criminal Code of 1916, in force in Southern Nigeria, is a good example of a typical criminal code for the common law countries of English speaking Africa. It consists of eight parts with 521 sections: The first part deals with interpretation, parties to offenses, application of criminal law, and criminal responsibility; the second part is concerned with offenses against public order; part three relates to offenses against justice and public authority; part four covers offenses against persons, offenses relating to marriage, parental rights and duties, and offenses against the individual's reputation; part six contains offenses against property and contracts; part seven contains miscellaneous offenses, such as cruelty to animals, and offenses relating to ships and crew members; finally, part eight concerns conspiracy, attempts, incitement, and accessories after the fact.English Speaking Africa - 3 The system of unwritten customary criminal laws is no longer in force in Africa. The courts apply only laws which define the offenses precisely and specify the penalties for these offenses. Criminal Procedures Criminal procedure in English speaking Africa is based, in general, on that of England, but many deviations are apparent. While trial by jury is the usual procedure in England, it is rarely found in the English speaking African countries. In Malawi, the jury system does exist, however. In some instances, jury trials were common in South Africa, until the promulgation of the Abolition of Juries Act in 1969. In most of the countries, the trial is conducted by a judge, sitting alone. However, in others, such as Uganda, and Tanzania, the judge may appoint two or more assessors whose opinions do not bind the judge. The technicalities embodied in the application of procedural laws of England, however, have not always been relevant in their application in these less developed countries of Africa. As a result, a number of procedures were developed independently by these countries - for example, the procedure applied in the special criminal courts of Ghana in 1961, and for the Special Court of Zanzibar in 1966.English Speaking Africa - 3 The system of unwritten customary criminal laws is no longer in force in Africa. The courts apply only laws which define the offenses precisely and specify the penalties for these offenses. Criminal Procedures Criminal procedure in English speaking Africa is based, in general, on that of England, but many deviations are apparent. While trial by jury is the usual procedure in England, it is rarely found in the English speaking African countries. In Malawi, the jury system does exist, however. In some instances, jury trials were common in South Africa, until the promulgation of the Abolition of Juries Act in 1969. In most of the countries, the trial is conducted by a judge, sitting alone. However, in others, such as Uganda, and Tanzania, the judge may appoint two or more assessors whose opinions do not bind the judge. The technicalities embodied in the application of procedural laws of England, however, have not always been relevant in their application in these less developed countries of Africa. As a result, a number of procedures were developed independently by these countries - for example, the procedure applied in the special criminal courts of Ghana in 1961, and for the Special Court of Zanzibar in 1966.English Speaking Africa - 3 The system of unwritten customary criminal laws is no longer in force in Africa. The courts apply only laws which define the offenses precisely and specify the penalties for these offenses. Criminal Procedures Criminal procedure in English speaking Africa is based, in general, on that of England, but many deviations are apparent. While trial by jury is the usual procedure in England, it is rarely found in the English speaking African countries. In Malawi, the jury system does exist, however. In some instances, jury trials were common in South Africa, until the promulgation of the Abolition of Juries Act in 1969. In most of the countries, the trial is conducted by a judge, sitting alone. However, in others, such as Uganda, and Tanzania, the judge may appoint two or more assessors whose opinions do not bind the judge. The technicalities embodied in the application of procedural laws of England, however, have not always been relevant in their application in these less developed countries of Africa. As a result, a number of procedures were developed independently by these countries - for example, the procedure applied in the special criminal courts of Ghana in 1961, and for the Special Court of Zanzibar in 1966.English Speaking Africa - 3 The system of unwritten customary criminal laws is no longer in force in Africa. The courts apply only laws which define the offenses precisely and specify the penalties for these offenses. Criminal Procedures Criminal procedure in English speaking Africa is based, in general, on that of England, but many deviations are apparent. While trial by jury is the usual procedure in England, it is rarely found in the English speaking African countries. In Malawi, the jury system does exist, however. In some instances, jury trials were common in South Africa, until the promulgation of the Abolition of Juries Act in 1969. In most of the countries, the trial is conducted by a judge, sitting alone. However, in others, such as Uganda, and Tanzania, the judge may appoint two or more assessors whose opinions do not bind the judge. The technicalities embodied in the application of procedural laws of England, however, have not always been relevant in their application in these less developed countries of Africa. As a result, a number of procedures were developed independently by these countries - for example, the procedure applied in the special criminal courts of Ghana in 1961, and for the Special Court of Zanzibar in 1966.English Speaking Africa - 3 The system of unwritten customary criminal laws is no longer in force in Africa. The courts apply only laws which define the offenses precisely and specify the penalties for these offenses. Criminal Procedures Criminal procedure in English speaking Africa is based, in general, on that of England, but many deviations are apparent. While trial by jury is the usual procedure in England, it is rarely found in the English speaking African countries. In Malawi, the jury system does exist, however. In some instances, jury trials were common in South Africa, until the promulgation of the Abolition of Juries Act in 1969. In most of the countries, the trial is conducted by a judge, sitting alone. However, in others, such as Uganda, and Tanzania, the judge may appoint two or more assessors whose opinions do not bind the judge. The technicalities embodied in the application of procedural laws of England, however, have not always been relevant in their application in these less developed countries of Africa. As a result, a number of procedures were developed independently by these countries - for example, the procedure applied in the special criminal courts of Ghana in 1961, and for the Special Court of Zanzibar in 1966.English speaking Africa - 4 In many common law countries, the rules of fair trial procedures, derived from English Criminal Procedure, are embodied in their constitutions - for example, Botswana, Gambia, Kenya, Lesotho, Nigeria, Sierra Leone, and Zambia. This includes the person's right to a fair trial within a reasonable period of time by an impartial court, the right to not be tried in his absence unless he consents, to be presumed innocent until proven guilty, to be entitled to a a lawyer, and not be tried twice for the same offense. The problem of compensation for the victims of crime was a customary principle among many of the tribes of Africa. Growing dissension with this problem, resulted in a number of reforms of statutory legislation - for example, in Tanganyika (Tanzania), and Uganda. Provisions related to compensations for the victims of crime are also found in the Ethiopian Code. The Criminal Procedure and Evidence Code of Malawi, which was amended and consolidated in 1969, is an example of criminal procedure laws applied in English speaking African countries. The Code is divided into 15 parts with 371 sections: The first part concerns the interpretation of terms used within the code; the second part deals with provisions concerning the powers of courts to pass sentences; the third has general provisions related to arrest, searching a place, the power to break doors, power of the police officers to searchEnglish speaking Africa - 4 In many common law countries, the rules of fair trial procedures, derived from English Criminal Procedure, are embodied in their constitutions - for example, Botswana, Gambia, Kenya, Lesotho, Nigeria, Sierra Leone, and Zambia. This includes the person's right to a fair trial within a reasonable period of time by an impartial court, the right to not be tried in his absence unless he consents, to be presumed innocent until proven guilty, to be entitled to a a lawyer, and not be tried twice for the same offense. The problem of compensation for the victims of crime was a customary principle among many of the tribes of Africa. Growing dissension with this problem, resulted in a number of reforms of statutory legislation - for example, in Tanganyika (Tanzania), and Uganda. Provisions related to compensations for the victims of crime are also found in the Ethiopian Code. The Criminal Procedure and Evidence Code of Malawi, which was amended and consolidated in 1969, is an example of criminal procedure laws applied in English speaking African countries. The Code is divided into 15 parts with 371 sections: The first part concerns the interpretation of terms used within the code; the second part deals with provisions concerning the powers of courts to pass sentences; the third has general provisions related to arrest, searching a place, the power to break doors, power of the police officers to searchEnglish speaking Africa - 4 In many common law countries, the rules of fair trial procedures, derived from English Criminal Procedure, are embodied in their constitutions - for example, Botswana, Gambia, Kenya, Lesotho, Nigeria, Sierra Leone, and Zambia. This includes the person's right to a fair trial within a reasonable period of time by an impartial court, the right to not be tried in his absence unless he consents, to be presumed innocent until proven guilty, to be entitled to a a lawyer, and not be tried twice for the same offense. The problem of compensation for the victims of crime was a customary principle among many of the tribes of Africa. Growing dissension with this problem, resulted in a number of reforms of statutory legislation - for example, in Tanganyika (Tanzania), and Uganda. Provisions related to compensations for the victims of crime are also found in the Ethiopian Code. The Criminal Procedure and Evidence Code of Malawi, which was amended and consolidated in 1969, is an example of criminal procedure laws applied in English speaking African countries. The Code is divided into 15 parts with 371 sections: The first part concerns the interpretation of terms used within the code; the second part deals with provisions concerning the powers of courts to pass sentences; the third has general provisions related to arrest, searching a place, the power to break doors, power of the police officers to searchEnglish speaking Africa - 4 In many common law countries, the rules of fair trial procedures, derived from English Criminal Procedure, are embodied in their constitutions - for example, Botswana, Gambia, Kenya, Lesotho, Nigeria, Sierra Leone, and Zambia. This includes the person's right to a fair trial within a reasonable period of time by an impartial court, the right to not be tried in his absence unless he consents, to be presumed innocent until proven guilty, to be entitled to a a lawyer, and not be tried twice for the same offense. The problem of compensation for the victims of crime was a customary principle among many of the tribes of Africa. Growing dissension with this problem, resulted in a number of reforms of statutory legislation - for example, in Tanganyika (Tanzania), and Uganda. Provisions related to compensations for the victims of crime are also found in the Ethiopian Code. The Criminal Procedure and Evidence Code of Malawi, which was amended and consolidated in 1969, is an example of criminal procedure laws applied in English speaking African countries. The Code is divided into 15 parts with 371 sections: The first part concerns the interpretation of terms used within the code; the second part deals with provisions concerning the powers of courts to pass sentences; the third has general provisions related to arrest, searching a place, the power to break doors, power of the police officers to searchEnglish speaking Africa - 4 In many common law countries, the rules of fair trial procedures, derived from English Criminal Procedure, are embodied in their constitutions - for example, Botswana, Gambia, Kenya, Lesotho, Nigeria, Sierra Leone, and Zambia. This includes the person's right to a fair trial within a reasonable period of time by an impartial court, the right to not be tried in his absence unless he consents, to be presumed innocent until proven guilty, to be entitled to a a lawyer, and not be tried twice for the same offense. The problem of compensation for the victims of crime was a customary principle among many of the tribes of Africa. Growing dissension with this problem, resulted in a number of reforms of statutory legislation - for example, in Tanganyika (Tanzania), and Uganda. Provisions related to compensations for the victims of crime are also found in the Ethiopian Code. The Criminal Procedure and Evidence Code of Malawi, which was amended and consolidated in 1969, is an example of criminal procedure laws applied in English speaking African countries. The Code is divided into 15 parts with 371 sections: The first part concerns the interpretation of terms used within the code; the second part deals with provisions concerning the powers of courts to pass sentences; the third has general provisions related to arrest, searching a place, the power to break doors, power of the police officers to searchEnglish speaking Africa - 5 and detain aircraft, vessels or vehicles and persons in certain circumstances, etc.; part four consists of provisions related to all criminal proceedings; the fifth part covers the mode of taking and recording evidence in inquiries and trials; part six refers to the evaluation of all types of evidence presented in a case; parts seven through eleven contain provisions for proceedings of trials before the High Court and of trials by jury; part twelve deals with sentences and their mode of execution; provisions for appeals and review of judgements and sentences of the courts are found in part thirteen; parts fourteen and fifteen cover miscellaneous provisions and rules concerning duties of court officials, forms, allowances to jurors, etc. Penalties Penalties for offenses are defined in the Criminal Codes. Capital punishment is prescribed for murder and treason in all the English speaking countries of Africa. In South Africa, it is also an alternative punishment for rape and aggravated robbery. Fines and imprisonment are the most common punishments.for other crimes. Flogging is found in most countries of the area - for example, in Ethiopia, it is prescribed for aggravated theft and robbery in addition to the regular imprisonment.English speaking Africa - 5 and detain aircraft, vessels or vehicles and persons in certain circumstances, etc.; part four consists of provisions related to all criminal proceedings; the fifth part covers the mode of taking and recording evidence in inquiries and trials; part six refers to the evaluation of all types of evidence presented in a case; parts seven through eleven contain provisions for proceedings of trials before the High Court and of trials by jury; part twelve deals with sentences and their mode of execution; provisions for appeals and review of judgements and sentences of the courts are found in part thirteen; parts fourteen and fifteen cover miscellaneous provisions and rules concerning duties of court officials, forms, allowances to jurors, etc. Penalties Penalties for offenses are defined in the Criminal Codes. Capital punishment is prescribed for murder and treason in all the English speaking countries of Africa. In South Africa, it is also an alternative punishment for rape and aggravated robbery. Fines and imprisonment are the most common punishments.for other crimes. Flogging is found in most countries of the area - for example, in Ethiopia, it is prescribed for aggravated theft and robbery in addition to the regular imprisonment.English speaking Africa - 5 and detain aircraft, vessels or vehicles and persons in certain circumstances, etc.; part four consists of provisions related to all criminal proceedings; the fifth part covers the mode of taking and recording evidence in inquiries and trials; part six refers to the evaluation of all types of evidence presented in a case; parts seven through eleven contain provisions for proceedings of trials before the High Court and of trials by jury; part twelve deals with sentences and their mode of execution; provisions for appeals and review of judgements and sentences of the courts are found in part thirteen; parts fourteen and fifteen cover miscellaneous provisions and rules concerning duties of court officials, forms, allowances to jurors, etc. Penalties Penalties for offenses are defined in the Criminal Codes. Capital punishment is prescribed for murder and treason in all the English speaking countries of Africa. In South Africa, it is also an alternative punishment for rape and aggravated robbery. Fines and imprisonment are the most common punishments.for other crimes. Flogging is found in most countries of the area - for example, in Ethiopia, it is prescribed for aggravated theft and robbery in addition to the regular imprisonment.English speaking Africa - 5 and detain aircraft, vessels or vehicles and persons in certain circumstances, etc.; part four consists of provisions related to all criminal proceedings; the fifth part covers the mode of taking and recording evidence in inquiries and trials; part six refers to the evaluation of all types of evidence presented in a case; parts seven through eleven contain provisions for proceedings of trials before the High Court and of trials by jury; part twelve deals with sentences and their mode of execution; provisions for appeals and review of judgements and sentences of the courts are found in part thirteen; parts fourteen and fifteen cover miscellaneous provisions and rules concerning duties of court officials, forms, allowances to jurors, etc. Penalties Penalties for offenses are defined in the Criminal Codes. Capital punishment is prescribed for murder and treason in all the English speaking countries of Africa. In South Africa, it is also an alternative punishment for rape and aggravated robbery. Fines and imprisonment are the most common punishments.for other crimes. Flogging is found in most countries of the area - for example, in Ethiopia, it is prescribed for aggravated theft and robbery in addition to the regular imprisonment.English speaking Africa - 5 and detain aircraft, vessels or vehicles and persons in certain circumstances, etc.; part four consists of provisions related to all criminal proceedings; the fifth part covers the mode of taking and recording evidence in inquiries and trials; part six refers to the evaluation of all types of evidence presented in a case; parts seven through eleven contain provisions for proceedings of trials before the High Court and of trials by jury; part twelve deals with sentences and their mode of execution; provisions for appeals and review of judgements and sentences of the courts are found in part thirteen; parts fourteen and fifteen cover miscellaneous provisions and rules concerning duties of court officials, forms, allowances to jurors, etc. Penalties Penalties for offenses are defined in the Criminal Codes. Capital punishment is prescribed for murder and treason in all the English speaking countries of Africa. In South Africa, it is also an alternative punishment for rape and aggravated robbery. Fines and imprisonment are the most common punishments.for other crimes. Flogging is found in most countries of the area - for example, in Ethiopia, it is prescribed for aggravated theft and robbery in addition to the regular imprisonment.English speaking Africa - 6 Courts Perhaps the most burdensome legacy from the colonial period in English speaking Africa is the court system. During the colonial period, the tendency was toward a dual system, with native customary or local courts administering customary law and a limited amount of minor statute laws and having jurisdiction over Africans only; and the Superior Courts with common and statute law jurisdiction. The modern tendency has been to integrate these two systems but special procedural rules may still apply in the lower courts. An example of the tendency toward integration is Malawi (Nyasaland), which functioned under the dual system until 1962. After that year, the African courts were superseded by a local court system. These local Courts have jurisdiction to administer wide areas of general law to non-Africans as well as Africans, and still retain their original jurisdiction over matters of customary law. The Local Courts have a wide criminal jurisdiction, when the defendant is an African, and the Minister is empowered to extend the civil and criminal jurisdiction of these courts to non-Africans. Appeals from this court are normally to the Local Court of Appeals. But one of the principal aspects of the modern integrated system is that appeals may lie directlyEnglish speaking Africa - 6 Courts Perhaps the most burdensome legacy from the colonial period in English speaking Africa is the court system. During the colonial period, the tendency was toward a dual system, with native customary or local courts administering customary law and a limited amount of minor statute laws and having jurisdiction over Africans only; and the Superior Courts with common and statute law jurisdiction. The modern tendency has been to integrate these two systems but special procedural rules may still apply in the lower courts. An example of the tendency toward integration is Malawi (Nyasaland), which functioned under the dual system until 1962. After that year, the African courts were superseded by a local court system. These local Courts have jurisdiction to administer wide areas of general law to non-Africans as well as Africans, and still retain their original jurisdiction over matters of customary law. The Local Courts have a wide criminal jurisdiction, when the defendant is an African, and the Minister is empowered to extend the civil and criminal jurisdiction of these courts to non-Africans. Appeals from this court are normally to the Local Court of Appeals. But one of the principal aspects of the modern integrated system is that appeals may lie directlyEnglish speaking Africa - 6 Courts Perhaps the most burdensome legacy from the colonial period in English speaking Africa is the court system. During the colonial period, the tendency was toward a dual system, with native customary or local courts administering customary law and a limited amount of minor statute laws and having jurisdiction over Africans only; and the Superior Courts with common and statute law jurisdiction. The modern tendency has been to integrate these two systems but special procedural rules may still apply in the lower courts. An example of the tendency toward integration is Malawi (Nyasaland), which functioned under the dual system until 1962. After that year, the African courts were superseded by a local court system. These local Courts have jurisdiction to administer wide areas of general law to non-Africans as well as Africans, and still retain their original jurisdiction over matters of customary law. The Local Courts have a wide criminal jurisdiction, when the defendant is an African, and the Minister is empowered to extend the civil and criminal jurisdiction of these courts to non-Africans. Appeals from this court are normally to the Local Court of Appeals. But one of the principal aspects of the modern integrated system is that appeals may lie directlyEnglish speaking Africa - 6 Courts Perhaps the most burdensome legacy from the colonial period in English speaking Africa is the court system. During the colonial period, the tendency was toward a dual system, with native customary or local courts administering customary law and a limited amount of minor statute laws and having jurisdiction over Africans only; and the Superior Courts with common and statute law jurisdiction. The modern tendency has been to integrate these two systems but special procedural rules may still apply in the lower courts. An example of the tendency toward integration is Malawi (Nyasaland), which functioned under the dual system until 1962. After that year, the African courts were superseded by a local court system. These local Courts have jurisdiction to administer wide areas of general law to non-Africans as well as Africans, and still retain their original jurisdiction over matters of customary law. The Local Courts have a wide criminal jurisdiction, when the defendant is an African, and the Minister is empowered to extend the civil and criminal jurisdiction of these courts to non-Africans. Appeals from this court are normally to the Local Court of Appeals. But one of the principal aspects of the modern integrated system is that appeals may lie directlyEnglish speaking Africa - 6 Courts Perhaps the most burdensome legacy from the colonial period in English speaking Africa is the court system. During the colonial period, the tendency was toward a dual system, with native customary or local courts administering customary law and a limited amount of minor statute laws and having jurisdiction over Africans only; and the Superior Courts with common and statute law jurisdiction. The modern tendency has been to integrate these two systems but special procedural rules may still apply in the lower courts. An example of the tendency toward integration is Malawi (Nyasaland), which functioned under the dual system until 1962. After that year, the African courts were superseded by a local court system. These local Courts have jurisdiction to administer wide areas of general law to non-Africans as well as Africans, and still retain their original jurisdiction over matters of customary law. The Local Courts have a wide criminal jurisdiction, when the defendant is an African, and the Minister is empowered to extend the civil and criminal jurisdiction of these courts to non-Africans. Appeals from this court are normally to the Local Court of Appeals. But one of the principal aspects of the modern integrated system is that appeals may lie directlyEnglish speaking Africa - 7 from the Local Court to the High Court. The Local Courts of Appeal have no original jurisdiction but function as courts of appeal from the Local Courts. A person has the right to appeal any decision of the Local Courts to the High Court. The lowest level superior courts are the Magistrates Courts consisting of the courts of Resident Magistrates, courts of Magistrates of the first grade, courts of Magistrates of the second grade, and courts of Magistrates of the third grade. The Resident Magistrates Court, and Courts of the first grade may pass sentences other than sentences of death or sentences of imprisonment exceeding 14 years. Courts of the second grade may pass a term of imprisonment not exceeding 5 years or a fine not exceeding £ 100 or both, and Courts of the third grade, a term not exceeding 12 months or a fine not exceeding £ 75, or both. The High Court is a superior court having unlimited original civil and criminal jurisdiction. Appelate criminal jurisdiction is conferred on the High Court to hear appeals from the subordinate courts as well as from the Local Courts. The Supreme Court is the highest court of Malawi. Appeal lies from the High Courts in respect to a final decision in any civil or criminal proceedings.English speaking Africa - 7 from the Local Court to the High Court. The Local Courts of Appeal have no original jurisdiction but function as courts of appeal from the Local Courts. A person has the right to appeal any decision of the Local Courts to the High Court. The lowest level superior courts are the Magistrates Courts consisting of the courts of Resident Magistrates, courts of Magistrates of the first grade, courts of Magistrates of the second grade, and courts of Magistrates of the third grade. The Resident Magistrates Court, and Courts of the first grade may pass sentences other than sentences of death or sentences of imprisonment exceeding 14 years. Courts of the second grade may pass a term of imprisonment not exceeding 5 years or a fine not exceeding £ 100 or both, and Courts of the third grade, a term not exceeding 12 months or a fine not exceeding £ 75, or both. The High Court is a superior court having unlimited original civil and criminal jurisdiction. Appelate criminal jurisdiction is conferred on the High Court to hear appeals from the subordinate courts as well as from the Local Courts. The Supreme Court is the highest court of Malawi. Appeal lies from the High Courts in respect to a final decision in any civil or criminal proceedings.English speaking Africa - 7 from the Local Court to the High Court. The Local Courts of Appeal have no original jurisdiction but function as courts of appeal from the Local Courts. A person has the right to appeal any decision of the Local Courts to the High Court. The lowest level superior courts are the Magistrates Courts consisting of the courts of Resident Magistrates, courts of Magistrates of the first grade, courts of Magistrates of the second grade, and courts of Magistrates of the third grade. The Resident Magistrates Court, and Courts of the first grade may pass sentences other than sentences of death or sentences of imprisonment exceeding 14 years. Courts of the second grade may pass a term of imprisonment not exceeding 5 years or a fine not exceeding £ 100 or both, and Courts of the third grade, a term not exceeding 12 months or a fine not exceeding £ 75, or both. The High Court is a superior court having unlimited original civil and criminal jurisdiction. Appelate criminal jurisdiction is conferred on the High Court to hear appeals from the subordinate courts as well as from the Local Courts. The Supreme Court is the highest court of Malawi. Appeal lies from the High Courts in respect to a final decision in any civil or criminal proceedings.English speaking Africa - 7 from the Local Court to the High Court. The Local Courts of Appeal have no original jurisdiction but function as courts of appeal from the Local Courts. A person has the right to appeal any decision of the Local Courts to the High Court. The lowest level superior courts are the Magistrates Courts consisting of the courts of Resident Magistrates, courts of Magistrates of the first grade, courts of Magistrates of the second grade, and courts of Magistrates of the third grade. The Resident Magistrates Court, and Courts of the first grade may pass sentences other than sentences of death or sentences of imprisonment exceeding 14 years. Courts of the second grade may pass a term of imprisonment not exceeding 5 years or a fine not exceeding £ 100 or both, and Courts of the third grade, a term not exceeding 12 months or a fine not exceeding £ 75, or both. The High Court is a superior court having unlimited original civil and criminal jurisdiction. Appelate criminal jurisdiction is conferred on the High Court to hear appeals from the subordinate courts as well as from the Local Courts. The Supreme Court is the highest court of Malawi. Appeal lies from the High Courts in respect to a final decision in any civil or criminal proceedings.English speaking Africa - 7 from the Local Court to the High Court. The Local Courts of Appeal have no original jurisdiction but function as courts of appeal from the Local Courts. A person has the right to appeal any decision of the Local Courts to the High Court. The lowest level superior courts are the Magistrates Courts consisting of the courts of Resident Magistrates, courts of Magistrates of the first grade, courts of Magistrates of the second grade, and courts of Magistrates of the third grade. The Resident Magistrates Court, and Courts of the first grade may pass sentences other than sentences of death or sentences of imprisonment exceeding 14 years. Courts of the second grade may pass a term of imprisonment not exceeding 5 years or a fine not exceeding £ 100 or both, and Courts of the third grade, a term not exceeding 12 months or a fine not exceeding £ 75, or both. The High Court is a superior court having unlimited original civil and criminal jurisdiction. Appelate criminal jurisdiction is conferred on the High Court to hear appeals from the subordinate courts as well as from the Local Courts. The Supreme Court is the highest court of Malawi. Appeal lies from the High Courts in respect to a final decision in any civil or criminal proceedings.English speaking Africa - 8 Prisons The prison systems in English speaking Africa vary greatly from country to country. Though most of these systems were based on the English model, there is a noticeable variation in the management of the individual prisons. It was always a problem for prison authorities to maintain an adequate standard of care, when the standard of living outside the prison was so low. In recent years, considerable progress has been made in modernizing the systems, and attempts have been made toward more positive programs or rehabilitation in the form of training centers, agricultural prison camps, and new programs for the employment of prisoners, for example, in the winemaking industry in Tanzania. Kenya has adopted a system of extra mural labor, in which short term prisoners report daily from their homes for work on public projects. Probation systems have been recently established in many countries, but are usually limited to urban areas only. The establishment of institutions for juveniles is also a recent development. As of 1969, the prison system of Ghana consisted of six central prisons; seventeen local male prisons; one caretaker prison for elderly or invalid convicts; two prison camps; one Borstal Institution for persons 16-20 years of age; and one contagious disease prison. The largest problemEnglish speaking Africa - 8 Prisons The prison systems in English speaking Africa vary greatly from country to country. Though most of these systems were based on the English model, there is a noticeable variation in the management of the individual prisons. It was always a problem for prison authorities to maintain an adequate standard of care, when the standard of living outside the prison was so low. In recent years, considerable progress has been made in modernizing the systems, and attempts have been made toward more positive programs or rehabilitation in the form of training centers, agricultural prison camps, and new programs for the employment of prisoners, for example, in the winemaking industry in Tanzania. Kenya has adopted a system of extra mural labor, in which short term prisoners report daily from their homes for work on public projects. Probation systems have been recently established in many countries, but are usually limited to urban areas only. The establishment of institutions for juveniles is also a recent development. As of 1969, the prison system of Ghana consisted of six central prisons; seventeen local male prisons; one caretaker prison for elderly or invalid convicts; two prison camps; one Borstal Institution for persons 16-20 years of age; and one contagious disease prison. The largest problemEnglish speaking Africa - 8 Prisons The prison systems in English speaking Africa vary greatly from country to country. Though most of these systems were based on the English model, there is a noticeable variation in the management of the individual prisons. It was always a problem for prison authorities to maintain an adequate standard of care, when the standard of living outside the prison was so low. In recent years, considerable progress has been made in modernizing the systems, and attempts have been made toward more positive programs or rehabilitation in the form of training centers, agricultural prison camps, and new programs for the employment of prisoners, for example, in the winemaking industry in Tanzania. Kenya has adopted a system of extra mural labor, in which short term prisoners report daily from their homes for work on public projects. Probation systems have been recently established in many countries, but are usually limited to urban areas only. The establishment of institutions for juveniles is also a recent development. As of 1969, the prison system of Ghana consisted of six central prisons; seventeen local male prisons; one caretaker prison for elderly or invalid convicts; two prison camps; one Borstal Institution for persons 16-20 years of age; and one contagious disease prison. The largest problemEnglish speaking Africa - 8 Prisons The prison systems in English speaking Africa vary greatly from country to country. Though most of these systems were based on the English model, there is a noticeable variation in the management of the individual prisons. It was always a problem for prison authorities to maintain an adequate standard of care, when the standard of living outside the prison was so low. In recent years, considerable progress has been made in modernizing the systems, and attempts have been made toward more positive programs or rehabilitation in the form of training centers, agricultural prison camps, and new programs for the employment of prisoners, for example, in the winemaking industry in Tanzania. Kenya has adopted a system of extra mural labor, in which short term prisoners report daily from their homes for work on public projects. Probation systems have been recently established in many countries, but are usually limited to urban areas only. The establishment of institutions for juveniles is also a recent development. As of 1969, the prison system of Ghana consisted of six central prisons; seventeen local male prisons; one caretaker prison for elderly or invalid convicts; two prison camps; one Borstal Institution for persons 16-20 years of age; and one contagious disease prison. The largest problemEnglish speaking Africa - 8 Prisons The prison systems in English speaking Africa vary greatly from country to country. Though most of these systems were based on the English model, there is a noticeable variation in the management of the individual prisons. It was always a problem for prison authorities to maintain an adequate standard of care, when the standard of living outside the prison was so low. In recent years, considerable progress has been made in modernizing the systems, and attempts have been made toward more positive programs or rehabilitation in the form of training centers, agricultural prison camps, and new programs for the employment of prisoners, for example, in the winemaking industry in Tanzania. Kenya has adopted a system of extra mural labor, in which short term prisoners report daily from their homes for work on public projects. Probation systems have been recently established in many countries, but are usually limited to urban areas only. The establishment of institutions for juveniles is also a recent development. As of 1969, the prison system of Ghana consisted of six central prisons; seventeen local male prisons; one caretaker prison for elderly or invalid convicts; two prison camps; one Borstal Institution for persons 16-20 years of age; and one contagious disease prison. The largest problemEnglish speaking Africa - 9 at present is overcrowding, which has greatly reduced the percentage of prisoners who can receive trade training. This numbers less than 10 percent of the prisoners. The remaining 90 percent are usually employed in farming, when access to farm land is possible. Juvenile offenders are sent immediately to the Borstal Institution if they are sentenced to more than one month's imprisonment. Shorter sentences are served in an adult prison, but the juveniles are segregated from the adult prisoners. LIST OF SOURCES Annual volumes of the laws of the Northern Region of Nigeria 1959. v. 1. Kaduna, Government Printer, 1960. 460 p. Brown, Douglas. Criminal procedure in Uganda and Kenya. London, Sweet & Maxwell, 1965. Burchell, E. M. and P. M. A. Hunt. South Africa criminal law and procedure. v. 1. Cape Town, Juta & Co. Ltd., 1970. 429 p. "Criminal Procedure and evidence code of Malawi". Laws of Malawi. v. II. Revised ed. Published by Govt. of Malawi, 1968. (Loose-leaf). Criminal procedure code of the Empire of Ethiopia of 1961. Addis Ababa, Berhanena Selam Haile Selassie I Print. Press, 1967. 92 p. Fallers, Lloyd A. Law without precedent; Legal ideas in action in the courts of colonial Busoga. Chicago, University of Chicago Press, 1969. 365 p. Gibson, George. Wille's principles of South African Law. 6th ed. Cape Town, Juta & Co. Ltd., 1970, 567 p.English speaking Africa - 9 at present is overcrowding, which has greatly reduced the percentage of prisoners who can receive trade training. This numbers less than 10 percent of the prisoners. The remaining 90 percent are usually employed in farming, when access to farm land is possible. Juvenile offenders are sent immediately to the Borstal Institution if they are sentenced to more than one month's imprisonment. Shorter sentences are served in an adult prison, but the juveniles are segregated from the adult prisoners. LIST OF SOURCES Annual volumes of the laws of the Northern Region of Nigeria 1959. v. 1. Kaduna, Government Printer, 1960. 460 p. Brown, Douglas. Criminal procedure in Uganda and Kenya. London, Sweet & Maxwell, 1965. Burchell, E. M. and P. M. A. Hunt. South Africa criminal law and procedure. v. 1. Cape Town, Juta & Co. Ltd., 1970. 429 p. "Criminal Procedure and evidence code of Malawi". Laws of Malawi. v. II. Revised ed. Published by Govt. of Malawi, 1968. (Loose-leaf). Criminal procedure code of the Empire of Ethiopia of 1961. Addis Ababa, Berhanena Selam Haile Selassie I Print. Press, 1967. 92 p. Fallers, Lloyd A. Law without precedent; Legal ideas in action in the courts of colonial Busoga. Chicago, University of Chicago Press, 1969. 365 p. Gibson, George. Wille's principles of South African Law. 6th ed. Cape Town, Juta & Co. Ltd., 1970, 567 p.English speaking Africa - 9 at present is overcrowding, which has greatly reduced the percentage of prisoners who can receive trade training. This numbers less than 10 percent of the prisoners. The remaining 90 percent are usually employed in farming, when access to farm land is possible. Juvenile offenders are sent immediately to the Borstal Institution if they are sentenced to more than one month's imprisonment. Shorter sentences are served in an adult prison, but the juveniles are segregated from the adult prisoners. LIST OF SOURCES Annual volumes of the laws of the Northern Region of Nigeria 1959. v. 1. Kaduna, Government Printer, 1960. 460 p. Brown, Douglas. Criminal procedure in Uganda and Kenya. London, Sweet & Maxwell, 1965. Burchell, E. M. and P. M. A. Hunt. South Africa criminal law and procedure. v. 1. Cape Town, Juta & Co. Ltd., 1970. 429 p. "Criminal Procedure and evidence code of Malawi". Laws of Malawi. v. II. Revised ed. Published by Govt. of Malawi, 1968. (Loose-leaf). Criminal procedure code of the Empire of Ethiopia of 1961. Addis Ababa, Berhanena Selam Haile Selassie I Print. Press, 1967. 92 p. Fallers, Lloyd A. Law without precedent; Legal ideas in action in the courts of colonial Busoga. Chicago, University of Chicago Press, 1969. 365 p. Gibson, George. Wille's principles of South African Law. 6th ed. Cape Town, Juta & Co. Ltd., 1970, 567 p.English speaking Africa - 9 at present is overcrowding, which has greatly reduced the percentage of prisoners who can receive trade training. This numbers less than 10 percent of the prisoners. The remaining 90 percent are usually employed in farming, when access to farm land is possible. Juvenile offenders are sent immediately to the Borstal Institution if they are sentenced to more than one month's imprisonment. Shorter sentences are served in an adult prison, but the juveniles are segregated from the adult prisoners. LIST OF SOURCES Annual volumes of the laws of the Northern Region of Nigeria 1959. v. 1. Kaduna, Government Printer, 1960. 460 p. Brown, Douglas. Criminal procedure in Uganda and Kenya. London, Sweet & Maxwell, 1965. Burchell, E. M. and P. M. A. Hunt. South Africa criminal law and procedure. v. 1. Cape Town, Juta & Co. Ltd., 1970. 429 p. "Criminal Procedure and evidence code of Malawi". Laws of Malawi. v. II. Revised ed. Published by Govt. of Malawi, 1968. (Loose-leaf). Criminal procedure code of the Empire of Ethiopia of 1961. Addis Ababa, Berhanena Selam Haile Selassie I Print. Press, 1967. 92 p. Fallers, Lloyd A. Law without precedent; Legal ideas in action in the courts of colonial Busoga. Chicago, University of Chicago Press, 1969. 365 p. Gibson, George. Wille's principles of South African Law. 6th ed. Cape Town, Juta & Co. Ltd., 1970, 567 p.English speaking Africa - 9 at present is overcrowding, which has greatly reduced the percentage of prisoners who can receive trade training. This numbers less than 10 percent of the prisoners. The remaining 90 percent are usually employed in farming, when access to farm land is possible. Juvenile offenders are sent immediately to the Borstal Institution if they are sentenced to more than one month's imprisonment. Shorter sentences are served in an adult prison, but the juveniles are segregated from the adult prisoners. LIST OF SOURCES Annual volumes of the laws of the Northern Region of Nigeria 1959. v. 1. Kaduna, Government Printer, 1960. 460 p. Brown, Douglas. Criminal procedure in Uganda and Kenya. London, Sweet & Maxwell, 1965. Burchell, E. M. and P. M. A. Hunt. South Africa criminal law and procedure. v. 1. Cape Town, Juta & Co. Ltd., 1970. 429 p. "Criminal Procedure and evidence code of Malawi". Laws of Malawi. v. II. Revised ed. Published by Govt. of Malawi, 1968. (Loose-leaf). Criminal procedure code of the Empire of Ethiopia of 1961. Addis Ababa, Berhanena Selam Haile Selassie I Print. Press, 1967. 92 p. Fallers, Lloyd A. Law without precedent; Legal ideas in action in the courts of colonial Busoga. Chicago, University of Chicago Press, 1969. 365 p. Gibson, George. Wille's principles of South African Law. 6th ed. Cape Town, Juta & Co. Ltd., 1970, 567 p.English speaking Africa - 10 Graven, Phillippe. An introduction to Ethiopian penal law. Addis Ababa, Faculty of Law, Haile Sellassie I University, 1965. 289 p. Harcourt, A. B. ed. Swift's law of criminal procedure. 2d. ed. Curban, Butterworths, 1969. 1095 p. Lowenstein, Steven. Materials for the study of the penal law of Ethiopia. Addis Ababa, Faculty of law, Haile Sellassie I University, 1965. 425 p. Madarikan, C. O. and T. Akinola Aguda. The criminal law and procedure of the six southern states of Nigeria. 2nd ed. London, Sweet & Maxwell, 1974, 992 p. Milner, Alan. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Park, A. E. W. The sources of Nigerian law. Lagos, African Universities Press, 1963. 161 p. Penal code of the Empire of Ethiopia of 1957. Addis Ababa, 1957. 277 p. Redden, Kenneth Robert. The legal system of Ethiopia. Charlottesville, Va., Michie Co., 1968. 290 p. Rudd, G. R. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Prepared by Edward Sourian, Senior Legal Specialist and William W. Reese, Legal Research Assistant Near Eastern and African Law Division Law Library, Library of Congress March 1976 ES/at 3-19-76English speaking Africa - 10 Graven, Phillippe. An introduction to Ethiopian penal law. Addis Ababa, Faculty of Law, Haile Sellassie I University, 1965. 289 p. Harcourt, A. B. ed. Swift's law of criminal procedure. 2d. ed. Curban, Butterworths, 1969. 1095 p. Lowenstein, Steven. Materials for the study of the penal law of Ethiopia. Addis Ababa, Faculty of law, Haile Sellassie I University, 1965. 425 p. Madarikan, C. O. and T. Akinola Aguda. The criminal law and procedure of the six southern states of Nigeria. 2nd ed. London, Sweet & Maxwell, 1974, 992 p. Milner, Alan. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Park, A. E. W. The sources of Nigerian law. Lagos, African Universities Press, 1963. 161 p. Penal code of the Empire of Ethiopia of 1957. Addis Ababa, 1957. 277 p. Redden, Kenneth Robert. The legal system of Ethiopia. Charlottesville, Va., Michie Co., 1968. 290 p. Rudd, G. R. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Prepared by Edward Sourian, Senior Legal Specialist and William W. Reese, Legal Research Assistant Near Eastern and African Law Division Law Library, Library of Congress March 1976 ES/at 3-19-76English speaking Africa - 10 Graven, Phillippe. An introduction to Ethiopian penal law. Addis Ababa, Faculty of Law, Haile Sellassie I University, 1965. 289 p. Harcourt, A. B. ed. Swift's law of criminal procedure. 2d. ed. Curban, Butterworths, 1969. 1095 p. Lowenstein, Steven. Materials for the study of the penal law of Ethiopia. Addis Ababa, Faculty of law, Haile Sellassie I University, 1965. 425 p. Madarikan, C. O. and T. Akinola Aguda. The criminal law and procedure of the six southern states of Nigeria. 2nd ed. London, Sweet & Maxwell, 1974, 992 p. Milner, Alan. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Park, A. E. W. The sources of Nigerian law. Lagos, African Universities Press, 1963. 161 p. Penal code of the Empire of Ethiopia of 1957. Addis Ababa, 1957. 277 p. Redden, Kenneth Robert. The legal system of Ethiopia. Charlottesville, Va., Michie Co., 1968. 290 p. Rudd, G. R. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Prepared by Edward Sourian, Senior Legal Specialist and William W. Reese, Legal Research Assistant Near Eastern and African Law Division Law Library, Library of Congress March 1976 ES/at 3-19-76English speaking Africa - 10 Graven, Phillippe. An introduction to Ethiopian penal law. Addis Ababa, Faculty of Law, Haile Sellassie I University, 1965. 289 p. Harcourt, A. B. ed. Swift's law of criminal procedure. 2d. ed. Curban, Butterworths, 1969. 1095 p. Lowenstein, Steven. Materials for the study of the penal law of Ethiopia. Addis Ababa, Faculty of law, Haile Sellassie I University, 1965. 425 p. Madarikan, C. O. and T. Akinola Aguda. The criminal law and procedure of the six southern states of Nigeria. 2nd ed. London, Sweet & Maxwell, 1974, 992 p. Milner, Alan. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Park, A. E. W. The sources of Nigerian law. Lagos, African Universities Press, 1963. 161 p. Penal code of the Empire of Ethiopia of 1957. Addis Ababa, 1957. 277 p. Redden, Kenneth Robert. The legal system of Ethiopia. Charlottesville, Va., Michie Co., 1968. 290 p. Rudd, G. R. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Prepared by Edward Sourian, Senior Legal Specialist and William W. Reese, Legal Research Assistant Near Eastern and African Law Division Law Library, Library of Congress March 1976 ES/at 3-19-76English speaking Africa - 10 Graven, Phillippe. An introduction to Ethiopian penal law. Addis Ababa, Faculty of Law, Haile Sellassie I University, 1965. 289 p. Harcourt, A. B. ed. Swift's law of criminal procedure. 2d. ed. Curban, Butterworths, 1969. 1095 p. Lowenstein, Steven. Materials for the study of the penal law of Ethiopia. Addis Ababa, Faculty of law, Haile Sellassie I University, 1965. 425 p. Madarikan, C. O. and T. Akinola Aguda. The criminal law and procedure of the six southern states of Nigeria. 2nd ed. London, Sweet & Maxwell, 1974, 992 p. Milner, Alan. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Park, A. E. W. The sources of Nigerian law. Lagos, African Universities Press, 1963. 161 p. Penal code of the Empire of Ethiopia of 1957. Addis Ababa, 1957. 277 p. Redden, Kenneth Robert. The legal system of Ethiopia. Charlottesville, Va., Michie Co., 1968. 290 p. Rudd, G. R. The Nigerian penal system. London, Sweet & Maxwell, 1972. 446 p. Prepared by Edward Sourian, Senior Legal Specialist and William W. Reese, Legal Research Assistant Near Eastern and African Law Division Law Library, Library of Congress March 1976 ES/at 3-19-76FRENCH AND ITALIAN SPEAKING AFRICAN COUNTRIES Introduction In geographical terms, this study covers the criminal justice system of 18 French and 1 Italian speaking countries of sub-Saharan Africa. The selection of this coverage is based on the historical fact that the legal system of these countries is mainly derived from the continental or civil law system of the Napoleonic codes transplanted from France, Belgium, and Italy to their former colonial territories and protectorates. In two African countries, including parts of territories which were under former British administration, English common law was introduced from the metropolitan country. One group of 15 sub-Saharan African states with mainly French legal tradition includes: a. the former territories federated in 1904 in French West Africa, namely, Dahomey, Guinea, Ivory Coast, Mali, Mauritania, Niger, Sénégal, and Upper Volta; b. the former 4 territories federated in 1910 in French Equatorial Africa, today known as Central African Republic, Chad, Congo (Brazzaville), and Gabon; c. the one former protectorate and territory of Madagascar, now called the Malagasy Republic; and,FRENCH AND ITALIAN SPEAKING AFRICAN COUNTRIES Introduction In geographical terms, this study covers the criminal justice system of 18 French and 1 Italian speaking countries of sub-Saharan Africa. The selection of this coverage is based on the historical fact that the legal system of these countries is mainly derived from the continental or civil law system of the Napoleonic codes transplanted from France, Belgium, and Italy to their former colonial territories and protectorates. In two African countries, including parts of territories which were under former British administration, English common law was introduced from the metropolitan country. One group of 15 sub-Saharan African states with mainly French legal tradition includes: a. the former territories federated in 1904 in French West Africa, namely, Dahomey, Guinea, Ivory Coast, Mali, Mauritania, Niger, Sénégal, and Upper Volta; b. the former 4 territories federated in 1910 in French Equatorial Africa, today known as Central African Republic, Chad, Congo (Brazzaville), and Gabon; c. the one former protectorate and territory of Madagascar, now called the Malagasy Republic; and,FRENCH AND ITALIAN SPEAKING AFRICAN COUNTRIES Introduction In geographical terms, this study covers the criminal justice system of 18 French and 1 Italian speaking countries of sub-Saharan Africa. The selection of this coverage is based on the historical fact that the legal system of these countries is mainly derived from the continental or civil law system of the Napoleonic codes transplanted from France, Belgium, and Italy to their former colonial territories and protectorates. In two African countries, including parts of territories which were under former British administration, English common law was introduced from the metropolitan country. One group of 15 sub-Saharan African states with mainly French legal tradition includes: a. the former territories federated in 1904 in French West Africa, namely, Dahomey, Guinea, Ivory Coast, Mali, Mauritania, Niger, Sénégal, and Upper Volta; b. the former 4 territories federated in 1910 in French Equatorial Africa, today known as Central African Republic, Chad, Congo (Brazzaville), and Gabon; c. the one former protectorate and territory of Madagascar, now called the Malagasy Republic; and,FRENCH AND ITALIAN SPEAKING AFRICAN COUNTRIES Introduction In geographical terms, this study covers the criminal justice system of 18 French and 1 Italian speaking countries of sub-Saharan Africa. The selection of this coverage is based on the historical fact that the legal system of these countries is mainly derived from the continental or civil law system of the Napoleonic codes transplanted from France, Belgium, and Italy to their former colonial territories and protectorates. In two African countries, including parts of territories which were under former British administration, English common law was introduced from the metropolitan country. One group of 15 sub-Saharan African states with mainly French legal tradition includes: a. the former territories federated in 1904 in French West Africa, namely, Dahomey, Guinea, Ivory Coast, Mali, Mauritania, Niger, Sénégal, and Upper Volta; b. the former 4 territories federated in 1910 in French Equatorial Africa, today known as Central African Republic, Chad, Congo (Brazzaville), and Gabon; c. the one former protectorate and territory of Madagascar, now called the Malagasy Republic; and,FRENCH AND ITALIAN SPEAKING AFRICAN COUNTRIES Introduction In geographical terms, this study covers the criminal justice system of 18 French and 1 Italian speaking countries of sub-Saharan Africa. The selection of this coverage is based on the historical fact that the legal system of these countries is mainly derived from the continental or civil law system of the Napoleonic codes transplanted from France, Belgium, and Italy to their former colonial territories and protectorates. In two African countries, including parts of territories which were under former British administration, English common law was introduced from the metropolitan country. One group of 15 sub-Saharan African states with mainly French legal tradition includes: a. the former territories federated in 1904 in French West Africa, namely, Dahomey, Guinea, Ivory Coast, Mali, Mauritania, Niger, Sénégal, and Upper Volta; b. the former 4 territories federated in 1910 in French Equatorial Africa, today known as Central African Republic, Chad, Congo (Brazzaville), and Gabon; c. the one former protectorate and territory of Madagascar, now called the Malagasy Republic; and,French & Italian speaking Africa - 2 d. the 2 former mandates and later trusteeship territories of Cameroon and Togo. A second group of 3 states with principally Belgian legal tradition includes: a. the territory of the former Belgian Congo, now known as Zaire; and, b. the territory of the former mandate and trusteeship of Ruanda-Urundi, which has been divided into two separate states, Burundi and Rwanda. A third group which follows the Italian legal tradition consists of the former Italian Somaliland which was united with the former British protectorate of Somaliland, known today as Somalia. Parts of the present territory of Cameroon and Somalia, which were formerly known as Southern and West Cameroon and British Somaliland respectively, are the two areas where English common law influence is present. The French administered territories were granted partial legislative independence between 1956 and 1958. Full political independence was achieved by Guinea in 1958, and by all the other countries in 1960. Among the Belgian administered territories, the former Belgian Congo, today called Zaire, proclaimed its independence in 1960; Burundi and Rwanda were separated and became independent in 1962; Somalia was granted independence in 1960.French & Italian speaking Africa - 2 d. the 2 former mandates and later trusteeship territories of Cameroon and Togo. A second group of 3 states with principally Belgian legal tradition includes: a. the territory of the former Belgian Congo, now known as Zaire; and, b. the territory of the former mandate and trusteeship of Ruanda-Urundi, which has been divided into two separate states, Burundi and Rwanda. A third group which follows the Italian legal tradition consists of the former Italian Somaliland which was united with the former British protectorate of Somaliland, known today as Somalia. Parts of the present territory of Cameroon and Somalia, which were formerly known as Southern and West Cameroon and British Somaliland respectively, are the two areas where English common law influence is present. The French administered territories were granted partial legislative independence between 1956 and 1958. Full political independence was achieved by Guinea in 1958, and by all the other countries in 1960. Among the Belgian administered territories, the former Belgian Congo, today called Zaire, proclaimed its independence in 1960; Burundi and Rwanda were separated and became independent in 1962; Somalia was granted independence in 1960.French & Italian speaking Africa - 2 d. the 2 former mandates and later trusteeship territories of Cameroon and Togo. A second group of 3 states with principally Belgian legal tradition includes: a. the territory of the former Belgian Congo, now known as Zaire; and, b. the territory of the former mandate and trusteeship of Ruanda-Urundi, which has been divided into two separate states, Burundi and Rwanda. A third group which follows the Italian legal tradition consists of the former Italian Somaliland which was united with the former British protectorate of Somaliland, known today as Somalia. Parts of the present territory of Cameroon and Somalia, which were formerly known as Southern and West Cameroon and British Somaliland respectively, are the two areas where English common law influence is present. The French administered territories were granted partial legislative independence between 1956 and 1958. Full political independence was achieved by Guinea in 1958, and by all the other countries in 1960. Among the Belgian administered territories, the former Belgian Congo, today called Zaire, proclaimed its independence in 1960; Burundi and Rwanda were separated and became independent in 1962; Somalia was granted independence in 1960.French & Italian speaking Africa - 2 d. the 2 former mandates and later trusteeship territories of Cameroon and Togo. A second group of 3 states with principally Belgian legal tradition includes: a. the territory of the former Belgian Congo, now known as Zaire; and, b. the territory of the former mandate and trusteeship of Ruanda-Urundi, which has been divided into two separate states, Burundi and Rwanda. A third group which follows the Italian legal tradition consists of the former Italian Somaliland which was united with the former British protectorate of Somaliland, known today as Somalia. Parts of the present territory of Cameroon and Somalia, which were formerly known as Southern and West Cameroon and British Somaliland respectively, are the two areas where English common law influence is present. The French administered territories were granted partial legislative independence between 1956 and 1958. Full political independence was achieved by Guinea in 1958, and by all the other countries in 1960. Among the Belgian administered territories, the former Belgian Congo, today called Zaire, proclaimed its independence in 1960; Burundi and Rwanda were separated and became independent in 1962; Somalia was granted independence in 1960.French & Italian speaking Africa - 2 d. the 2 former mandates and later trusteeship territories of Cameroon and Togo. A second group of 3 states with principally Belgian legal tradition includes: a. the territory of the former Belgian Congo, now known as Zaire; and, b. the territory of the former mandate and trusteeship of Ruanda-Urundi, which has been divided into two separate states, Burundi and Rwanda. A third group which follows the Italian legal tradition consists of the former Italian Somaliland which was united with the former British protectorate of Somaliland, known today as Somalia. Parts of the present territory of Cameroon and Somalia, which were formerly known as Southern and West Cameroon and British Somaliland respectively, are the two areas where English common law influence is present. The French administered territories were granted partial legislative independence between 1956 and 1958. Full political independence was achieved by Guinea in 1958, and by all the other countries in 1960. Among the Belgian administered territories, the former Belgian Congo, today called Zaire, proclaimed its independence in 1960; Burundi and Rwanda were separated and became independent in 1962; Somalia was granted independence in 1960.French & Italian speaking Africa - 3 With respect to the content, this study is limited to coverage of criminal law, criminal procedure, and law on judicial organization in force in the 19 countries of French and Italian speaking Africa, south of the Sahara. Consequently, this survey excludes all special criminal legislation not included in the Criminal Code, Criminal Procedure Code, and the Code of Judicial Organization. Therefore, provisions of the Military Code of Justice and the penal provisions included in traffic regulations, electoral laws, and other fields had to be omitted from this study. Criminal Codes In accordance with accepted principles of international law and by virtue of express constitutional provisions of the newly independent states, all legislation applicable in the respective territories on the day of independence remained in force until replaced or repealed by later enactments. In the territories with French legal heritage, metropolitan legislation was introduced in two ways - by direct piecemeal measures, such as rendering the French Criminal Code applicable in Senegal in 1877, or by indirect measures such as rendering applicable in Togo all the legislation in force in French West Africa in 1924. The existing legal system continued to be applied after independence and subsequent modifications of criminal legislation was largelyFrench & Italian speaking Africa - 3 With respect to the content, this study is limited to coverage of criminal law, criminal procedure, and law on judicial organization in force in the 19 countries of French and Italian speaking Africa, south of the Sahara. Consequently, this survey excludes all special criminal legislation not included in the Criminal Code, Criminal Procedure Code, and the Code of Judicial Organization. Therefore, provisions of the Military Code of Justice and the penal provisions included in traffic regulations, electoral laws, and other fields had to be omitted from this study. Criminal Codes In accordance with accepted principles of international law and by virtue of express constitutional provisions of the newly independent states, all legislation applicable in the respective territories on the day of independence remained in force until replaced or repealed by later enactments. In the territories with French legal heritage, metropolitan legislation was introduced in two ways - by direct piecemeal measures, such as rendering the French Criminal Code applicable in Senegal in 1877, or by indirect measures such as rendering applicable in Togo all the legislation in force in French West Africa in 1924. The existing legal system continued to be applied after independence and subsequent modifications of criminal legislation was largelyFrench & Italian speaking Africa - 3 With respect to the content, this study is limited to coverage of criminal law, criminal procedure, and law on judicial organization in force in the 19 countries of French and Italian speaking Africa, south of the Sahara. Consequently, this survey excludes all special criminal legislation not included in the Criminal Code, Criminal Procedure Code, and the Code of Judicial Organization. Therefore, provisions of the Military Code of Justice and the penal provisions included in traffic regulations, electoral laws, and other fields had to be omitted from this study. Criminal Codes In accordance with accepted principles of international law and by virtue of express constitutional provisions of the newly independent states, all legislation applicable in the respective territories on the day of independence remained in force until replaced or repealed by later enactments. In the territories with French legal heritage, metropolitan legislation was introduced in two ways - by direct piecemeal measures, such as rendering the French Criminal Code applicable in Senegal in 1877, or by indirect measures such as rendering applicable in Togo all the legislation in force in French West Africa in 1924. The existing legal system continued to be applied after independence and subsequent modifications of criminal legislation was largelyFrench & Italian speaking Africa - 3 With respect to the content, this study is limited to coverage of criminal law, criminal procedure, and law on judicial organization in force in the 19 countries of French and Italian speaking Africa, south of the Sahara. Consequently, this survey excludes all special criminal legislation not included in the Criminal Code, Criminal Procedure Code, and the Code of Judicial Organization. Therefore, provisions of the Military Code of Justice and the penal provisions included in traffic regulations, electoral laws, and other fields had to be omitted from this study. Criminal Codes In accordance with accepted principles of international law and by virtue of express constitutional provisions of the newly independent states, all legislation applicable in the respective territories on the day of independence remained in force until replaced or repealed by later enactments. In the territories with French legal heritage, metropolitan legislation was introduced in two ways - by direct piecemeal measures, such as rendering the French Criminal Code applicable in Senegal in 1877, or by indirect measures such as rendering applicable in Togo all the legislation in force in French West Africa in 1924. The existing legal system continued to be applied after independence and subsequent modifications of criminal legislation was largelyFrench & Italian speaking Africa - 3 With respect to the content, this study is limited to coverage of criminal law, criminal procedure, and law on judicial organization in force in the 19 countries of French and Italian speaking Africa, south of the Sahara. Consequently, this survey excludes all special criminal legislation not included in the Criminal Code, Criminal Procedure Code, and the Code of Judicial Organization. Therefore, provisions of the Military Code of Justice and the penal provisions included in traffic regulations, electoral laws, and other fields had to be omitted from this study. Criminal Codes In accordance with accepted principles of international law and by virtue of express constitutional provisions of the newly independent states, all legislation applicable in the respective territories on the day of independence remained in force until replaced or repealed by later enactments. In the territories with French legal heritage, metropolitan legislation was introduced in two ways - by direct piecemeal measures, such as rendering the French Criminal Code applicable in Senegal in 1877, or by indirect measures such as rendering applicable in Togo all the legislation in force in French West Africa in 1924. The existing legal system continued to be applied after independence and subsequent modifications of criminal legislation was largelyFrench & Italian speaking Africa - 4 patterned on the French model and adapted to national needs. In the Belgian administered territories of sub-Saharan Africa, legislation was introduced either directly from Belgium or legislation in force in the Belgian Congo was extended to another country. This was frequently the case when Ruanda-Urundi was administratively united with the Belgian Congo after 1924. Today, Belgian legal tradition continues to be carried on in the newly independent states. In Italian Somalia, legislation was instituted mainly directly from Italy, and only for a short period did that territory form a part of Italian East Africa. However, legislation was also transplanted from other colonial territories to British Somaliland, for example, the penal code from India. When these two territories were united as the Republic of Somalia, Italian and British traditions continued side by side. The process of "nationalizing" pre-independence criminal legislation by amendments and enactments of "new codes" was started in 1961 and has continued since. Several states still rely on criminal legislation introduced by the metropolitan countries prior to their independence. However, that legislation has been frequently amended after independence. In keeping with the traditions of the former metropolitan countries, the criminal legislation of all French and ItalianFrench & Italian speaking Africa - 4 patterned on the French model and adapted to national needs. In the Belgian administered territories of sub-Saharan Africa, legislation was introduced either directly from Belgium or legislation in force in the Belgian Congo was extended to another country. This was frequently the case when Ruanda-Urundi was administratively united with the Belgian Congo after 1924. Today, Belgian legal tradition continues to be carried on in the newly independent states. In Italian Somalia, legislation was instituted mainly directly from Italy, and only for a short period did that territory form a part of Italian East Africa. However, legislation was also transplanted from other colonial territories to British Somaliland, for example, the penal code from India. When these two territories were united as the Republic of Somalia, Italian and British traditions continued side by side. The process of "nationalizing" pre-independence criminal legislation by amendments and enactments of "new codes" was started in 1961 and has continued since. Several states still rely on criminal legislation introduced by the metropolitan countries prior to their independence. However, that legislation has been frequently amended after independence. In keeping with the traditions of the former metropolitan countries, the criminal legislation of all French and ItalianFrench & Italian speaking Africa - 4 patterned on the French model and adapted to national needs. In the Belgian administered territories of sub-Saharan Africa, legislation was introduced either directly from Belgium or legislation in force in the Belgian Congo was extended to another country. This was frequently the case when Ruanda-Urundi was administratively united with the Belgian Congo after 1924. Today, Belgian legal tradition continues to be carried on in the newly independent states. In Italian Somalia, legislation was instituted mainly directly from Italy, and only for a short period did that territory form a part of Italian East Africa. However, legislation was also transplanted from other colonial territories to British Somaliland, for example, the penal code from India. When these two territories were united as the Republic of Somalia, Italian and British traditions continued side by side. The process of "nationalizing" pre-independence criminal legislation by amendments and enactments of "new codes" was started in 1961 and has continued since. Several states still rely on criminal legislation introduced by the metropolitan countries prior to their independence. However, that legislation has been frequently amended after independence. In keeping with the traditions of the former metropolitan countries, the criminal legislation of all French and ItalianFrench & Italian speaking Africa - 4 patterned on the French model and adapted to national needs. In the Belgian administered territories of sub-Saharan Africa, legislation was introduced either directly from Belgium or legislation in force in the Belgian Congo was extended to another country. This was frequently the case when Ruanda-Urundi was administratively united with the Belgian Congo after 1924. Today, Belgian legal tradition continues to be carried on in the newly independent states. In Italian Somalia, legislation was instituted mainly directly from Italy, and only for a short period did that territory form a part of Italian East Africa. However, legislation was also transplanted from other colonial territories to British Somaliland, for example, the penal code from India. When these two territories were united as the Republic of Somalia, Italian and British traditions continued side by side. The process of "nationalizing" pre-independence criminal legislation by amendments and enactments of "new codes" was started in 1961 and has continued since. Several states still rely on criminal legislation introduced by the metropolitan countries prior to their independence. However, that legislation has been frequently amended after independence. In keeping with the traditions of the former metropolitan countries, the criminal legislation of all French and ItalianFrench & Italian speaking Africa - 4 patterned on the French model and adapted to national needs. In the Belgian administered territories of sub-Saharan Africa, legislation was introduced either directly from Belgium or legislation in force in the Belgian Congo was extended to another country. This was frequently the case when Ruanda-Urundi was administratively united with the Belgian Congo after 1924. Today, Belgian legal tradition continues to be carried on in the newly independent states. In Italian Somalia, legislation was instituted mainly directly from Italy, and only for a short period did that territory form a part of Italian East Africa. However, legislation was also transplanted from other colonial territories to British Somaliland, for example, the penal code from India. When these two territories were united as the Republic of Somalia, Italian and British traditions continued side by side. The process of "nationalizing" pre-independence criminal legislation by amendments and enactments of "new codes" was started in 1961 and has continued since. Several states still rely on criminal legislation introduced by the metropolitan countries prior to their independence. However, that legislation has been frequently amended after independence. In keeping with the traditions of the former metropolitan countries, the criminal legislation of all French and ItalianFrench & Italian speaking Africa - 5 speaking countries of Africa has been codified in the Criminal Code or Criminal Procedure Code of the country. In the field of criminal law, 8 countries of the 19 covered by this study still continue to apply the Criminal Code instituted during the colonial period. They include 5 formerly French administered territories, Congo (Brazzaville), Dahomey, Ivory Coast, Togo, and Upper Volta, and 3 former Belgian territories, Burundi, Rwanda, and Zaire. The other 10 French speaking territories and the 1 Italian administered territory chose to adopt a new Criminal Code after independence. As a rule, all legislation must be published in the official gazette of the country in order to become applicable. Therefore, the official gazette is the primary source for criminal law. Other sources include separately and officially published criminal codes, official and unofficial compilations of laws, and privately published monographs without commentaries. All amendments to the original text can be found in the official gazette or in the updated and revised editions of the criminal codes. As indicated, the criminal law of the French and Italian speaking countries of Africa has been codified in the tradition of the continental or civil law system. AllFrench & Italian speaking Africa - 5 speaking countries of Africa has been codified in the Criminal Code or Criminal Procedure Code of the country. In the field of criminal law, 8 countries of the 19 covered by this study still continue to apply the Criminal Code instituted during the colonial period. They include 5 formerly French administered territories, Congo (Brazzaville), Dahomey, Ivory Coast, Togo, and Upper Volta, and 3 former Belgian territories, Burundi, Rwanda, and Zaire. The other 10 French speaking territories and the 1 Italian administered territory chose to adopt a new Criminal Code after independence. As a rule, all legislation must be published in the official gazette of the country in order to become applicable. Therefore, the official gazette is the primary source for criminal law. Other sources include separately and officially published criminal codes, official and unofficial compilations of laws, and privately published monographs without commentaries. All amendments to the original text can be found in the official gazette or in the updated and revised editions of the criminal codes. As indicated, the criminal law of the French and Italian speaking countries of Africa has been codified in the tradition of the continental or civil law system. AllFrench & Italian speaking Africa - 5 speaking countries of Africa has been codified in the Criminal Code or Criminal Procedure Code of the country. In the field of criminal law, 8 countries of the 19 covered by this study still continue to apply the Criminal Code instituted during the colonial period. They include 5 formerly French administered territories, Congo (Brazzaville), Dahomey, Ivory Coast, Togo, and Upper Volta, and 3 former Belgian territories, Burundi, Rwanda, and Zaire. The other 10 French speaking territories and the 1 Italian administered territory chose to adopt a new Criminal Code after independence. As a rule, all legislation must be published in the official gazette of the country in order to become applicable. Therefore, the official gazette is the primary source for criminal law. Other sources include separately and officially published criminal codes, official and unofficial compilations of laws, and privately published monographs without commentaries. All amendments to the original text can be found in the official gazette or in the updated and revised editions of the criminal codes. As indicated, the criminal law of the French and Italian speaking countries of Africa has been codified in the tradition of the continental or civil law system. AllFrench & Italian speaking Africa - 5 speaking countries of Africa has been codified in the Criminal Code or Criminal Procedure Code of the country. In the field of criminal law, 8 countries of the 19 covered by this study still continue to apply the Criminal Code instituted during the colonial period. They include 5 formerly French administered territories, Congo (Brazzaville), Dahomey, Ivory Coast, Togo, and Upper Volta, and 3 former Belgian territories, Burundi, Rwanda, and Zaire. The other 10 French speaking territories and the 1 Italian administered territory chose to adopt a new Criminal Code after independence. As a rule, all legislation must be published in the official gazette of the country in order to become applicable. Therefore, the official gazette is the primary source for criminal law. Other sources include separately and officially published criminal codes, official and unofficial compilations of laws, and privately published monographs without commentaries. All amendments to the original text can be found in the official gazette or in the updated and revised editions of the criminal codes. As indicated, the criminal law of the French and Italian speaking countries of Africa has been codified in the tradition of the continental or civil law system. AllFrench & Italian speaking Africa - 5 speaking countries of Africa has been codified in the Criminal Code or Criminal Procedure Code of the country. In the field of criminal law, 8 countries of the 19 covered by this study still continue to apply the Criminal Code instituted during the colonial period. They include 5 formerly French administered territories, Congo (Brazzaville), Dahomey, Ivory Coast, Togo, and Upper Volta, and 3 former Belgian territories, Burundi, Rwanda, and Zaire. The other 10 French speaking territories and the 1 Italian administered territory chose to adopt a new Criminal Code after independence. As a rule, all legislation must be published in the official gazette of the country in order to become applicable. Therefore, the official gazette is the primary source for criminal law. Other sources include separately and officially published criminal codes, official and unofficial compilations of laws, and privately published monographs without commentaries. All amendments to the original text can be found in the official gazette or in the updated and revised editions of the criminal codes. As indicated, the criminal law of the French and Italian speaking countries of Africa has been codified in the tradition of the continental or civil law system. All6 codes are structured into books, titles, chapters, sections, and approximately 500 articles. The first book or books deal with the general principles of criminal law such as criminal responsibility and liability, provisions on punishment and the basic application of the general principles. The subsequent books are concerned with definition of individual offenses and their respective punishment. The articles are numbered consecutively and the amendments always refer to the complete or partial text of the articles amended, replaced or repealed. Offenses are classified as follows: (1) major crimes (roughly equivalent to felonies), (2) minor crimes (misdemeanors), and (3) simple or police violations. This classical approach, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. This division corresponds strictly to the jurisdictions of the trial courts. Offenses punished by an afflictive or infamous penalty are considered major crimes (felonies), and in general punishable by death or imprisonment for more than ten years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to ten years and a fine beyond a certain amount. Simple offenses or violations are subject to a police penalty and may be punishable by imprisonment up to ten days and a fine of a certain amount. These examples from the Cameroon Criminal6 codes are structured into books, titles, chapters, sections, and approximately 500 articles. The first book or books deal with the general principles of criminal law such as criminal responsibility and liability, provisions on punishment and the basic application of the general principles. The subsequent books are concerned with definition of individual offenses and their respective punishment. The articles are numbered consecutively and the amendments always refer to the complete or partial text of the articles amended, replaced or repealed. Offenses are classified as follows: (1) major crimes (roughly equivalent to felonies), (2) minor crimes (misdemeanors), and (3) simple or police violations. This classical approach, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. This division corresponds strictly to the jurisdictions of the trial courts. Offenses punished by an afflictive or infamous penalty are considered major crimes (felonies), and in general punishable by death or imprisonment for more than ten years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to ten years and a fine beyond a certain amount. Simple offenses or violations are subject to a police penalty and may be punishable by imprisonment up to ten days and a fine of a certain amount. These examples from the Cameroon Criminal6 codes are structured into books, titles, chapters, sections, and approximately 500 articles. The first book or books deal with the general principles of criminal law such as criminal responsibility and liability, provisions on punishment and the basic application of the general principles. The subsequent books are concerned with definition of individual offenses and their respective punishment. The articles are numbered consecutively and the amendments always refer to the complete or partial text of the articles amended, replaced or repealed. Offenses are classified as follows: (1) major crimes (roughly equivalent to felonies), (2) minor crimes (misdemeanors), and (3) simple or police violations. This classical approach, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. This division corresponds strictly to the jurisdictions of the trial courts. Offenses punished by an afflictive or infamous penalty are considered major crimes (felonies), and in general punishable by death or imprisonment for more than ten years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to ten years and a fine beyond a certain amount. Simple offenses or violations are subject to a police penalty and may be punishable by imprisonment up to ten days and a fine of a certain amount. These examples from the Cameroon Criminal6 codes are structured into books, titles, chapters, sections, and approximately 500 articles. The first book or books deal with the general principles of criminal law such as criminal responsibility and liability, provisions on punishment and the basic application of the general principles. The subsequent books are concerned with definition of individual offenses and their respective punishment. The articles are numbered consecutively and the amendments always refer to the complete or partial text of the articles amended, replaced or repealed. Offenses are classified as follows: (1) major crimes (roughly equivalent to felonies), (2) minor crimes (misdemeanors), and (3) simple or police violations. This classical approach, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. This division corresponds strictly to the jurisdictions of the trial courts. Offenses punished by an afflictive or infamous penalty are considered major crimes (felonies), and in general punishable by death or imprisonment for more than ten years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to ten years and a fine beyond a certain amount. Simple offenses or violations are subject to a police penalty and may be punishable by imprisonment up to ten days and a fine of a certain amount. These examples from the Cameroon Criminal6 codes are structured into books, titles, chapters, sections, and approximately 500 articles. The first book or books deal with the general principles of criminal law such as criminal responsibility and liability, provisions on punishment and the basic application of the general principles. The subsequent books are concerned with definition of individual offenses and their respective punishment. The articles are numbered consecutively and the amendments always refer to the complete or partial text of the articles amended, replaced or repealed. Offenses are classified as follows: (1) major crimes (roughly equivalent to felonies), (2) minor crimes (misdemeanors), and (3) simple or police violations. This classical approach, patterned on the Napoleonic Criminal Code, is based on the type of penalties applicable to each offense. This division corresponds strictly to the jurisdictions of the trial courts. Offenses punished by an afflictive or infamous penalty are considered major crimes (felonies), and in general punishable by death or imprisonment for more than ten years. Minor crimes (misdemeanors) carry a correctional penalty, such as loss of liberty from ten days to ten years and a fine beyond a certain amount. Simple offenses or violations are subject to a police penalty and may be punishable by imprisonment up to ten days and a fine of a certain amount. These examples from the Cameroon CriminalFrench & Italian speaking Africa - 7 Code exemplify the types of offenses and penalties which are also found in the other criminal codes. Modifying the penalty as a result of excuses and general mitigating or aggravating circumstances does not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided by law. The criminal codes distinguish between ordinary, military, and political offenses according to their nature. Penalties are classified by function into three categories - principal, accessory, and supplementary. Principal penalties ascertain that the offenses are repressed. Accessory penalties, such as loss of civil rights, are the necessary consequence of a principal penalty in connection with major crimes. They are automatically imposed. Supplementary penalties are added to the principal penalty, such as local banishment, and do not follow automatically. Penalties imposed for major crimes (felonies) include afflictive and infamous, only infamous, and others. The afflictive and infamous penalties are death, reclusion for life or for a term, and imprisonment for life or for a term. The penalty of death is usually executed by shooting. Infamous penalties are local banishment, and the loss of civil rights which includes prohibition from being publicly employed, deprivation of theFrench & Italian speaking Africa - 7 Code exemplify the types of offenses and penalties which are also found in the other criminal codes. Modifying the penalty as a result of excuses and general mitigating or aggravating circumstances does not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided by law. The criminal codes distinguish between ordinary, military, and political offenses according to their nature. Penalties are classified by function into three categories - principal, accessory, and supplementary. Principal penalties ascertain that the offenses are repressed. Accessory penalties, such as loss of civil rights, are the necessary consequence of a principal penalty in connection with major crimes. They are automatically imposed. Supplementary penalties are added to the principal penalty, such as local banishment, and do not follow automatically. Penalties imposed for major crimes (felonies) include afflictive and infamous, only infamous, and others. The afflictive and infamous penalties are death, reclusion for life or for a term, and imprisonment for life or for a term. The penalty of death is usually executed by shooting. Infamous penalties are local banishment, and the loss of civil rights which includes prohibition from being publicly employed, deprivation of theFrench & Italian speaking Africa - 7 Code exemplify the types of offenses and penalties which are also found in the other criminal codes. Modifying the penalty as a result of excuses and general mitigating or aggravating circumstances does not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided by law. The criminal codes distinguish between ordinary, military, and political offenses according to their nature. Penalties are classified by function into three categories - principal, accessory, and supplementary. Principal penalties ascertain that the offenses are repressed. Accessory penalties, such as loss of civil rights, are the necessary consequence of a principal penalty in connection with major crimes. They are automatically imposed. Supplementary penalties are added to the principal penalty, such as local banishment, and do not follow automatically. Penalties imposed for major crimes (felonies) include afflictive and infamous, only infamous, and others. The afflictive and infamous penalties are death, reclusion for life or for a term, and imprisonment for life or for a term. The penalty of death is usually executed by shooting. Infamous penalties are local banishment, and the loss of civil rights which includes prohibition from being publicly employed, deprivation of theFrench & Italian speaking Africa - 7 Code exemplify the types of offenses and penalties which are also found in the other criminal codes. Modifying the penalty as a result of excuses and general mitigating or aggravating circumstances does not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided by law. The criminal codes distinguish between ordinary, military, and political offenses according to their nature. Penalties are classified by function into three categories - principal, accessory, and supplementary. Principal penalties ascertain that the offenses are repressed. Accessory penalties, such as loss of civil rights, are the necessary consequence of a principal penalty in connection with major crimes. They are automatically imposed. Supplementary penalties are added to the principal penalty, such as local banishment, and do not follow automatically. Penalties imposed for major crimes (felonies) include afflictive and infamous, only infamous, and others. The afflictive and infamous penalties are death, reclusion for life or for a term, and imprisonment for life or for a term. The penalty of death is usually executed by shooting. Infamous penalties are local banishment, and the loss of civil rights which includes prohibition from being publicly employed, deprivation of theFrench & Italian speaking Africa - 7 Code exemplify the types of offenses and penalties which are also found in the other criminal codes. Modifying the penalty as a result of excuses and general mitigating or aggravating circumstances does not affect the nature of the offense. This indicates that the classification of each particular offense depends on the maximum penalty provided by law. The criminal codes distinguish between ordinary, military, and political offenses according to their nature. Penalties are classified by function into three categories - principal, accessory, and supplementary. Principal penalties ascertain that the offenses are repressed. Accessory penalties, such as loss of civil rights, are the necessary consequence of a principal penalty in connection with major crimes. They are automatically imposed. Supplementary penalties are added to the principal penalty, such as local banishment, and do not follow automatically. Penalties imposed for major crimes (felonies) include afflictive and infamous, only infamous, and others. The afflictive and infamous penalties are death, reclusion for life or for a term, and imprisonment for life or for a term. The penalty of death is usually executed by shooting. Infamous penalties are local banishment, and the loss of civil rights which includes prohibition from being publicly employed, deprivation of theFrench & Italian speaking Africa - 8 right to vote, to be elected, disqualification to serve as a juror, to be a member of a family council or to carry arms. General confiscation of all the convicted persons's property is frequently imposed for crimes against the security of the state. Correctional penalties are those imposed for correctional offenses termed minor crimes (misdemeanors). These are imprisonment for a term, a fine, deprivation of certain civic, civil or family rights for a term. The correctional fine is a principal penalty. The loss of civic, civil and family rights for a term is a supplementary penalty. Other correctional penalties are local banishment, confiscation and the closing of certain establishments. Police penalties are imprisonment, a fine, and special confiscation of certain objects. In accordance with constitutional provisions, the principles of "nullum crimen sine lege" and "nulla poene sine lege" are incorporated into the criminal codes meaning that both the offense and the punishment must be defined by law. Therefore, no offense may be subject to penalties that were not imposed before the act was committed. In order to be sentenced for a criminal offense, a person must have committed a punishable act and must be responsibleFrench & Italian speaking Africa - 8 right to vote, to be elected, disqualification to serve as a juror, to be a member of a family council or to carry arms. General confiscation of all the convicted persons's property is frequently imposed for crimes against the security of the state. Correctional penalties are those imposed for correctional offenses termed minor crimes (misdemeanors). These are imprisonment for a term, a fine, deprivation of certain civic, civil or family rights for a term. The correctional fine is a principal penalty. The loss of civic, civil and family rights for a term is a supplementary penalty. Other correctional penalties are local banishment, confiscation and the closing of certain establishments. Police penalties are imprisonment, a fine, and special confiscation of certain objects. In accordance with constitutional provisions, the principles of "nullum crimen sine lege" and "nulla poene sine lege" are incorporated into the criminal codes meaning that both the offense and the punishment must be defined by law. Therefore, no offense may be subject to penalties that were not imposed before the act was committed. In order to be sentenced for a criminal offense, a person must have committed a punishable act and must be responsibleFrench & Italian speaking Africa - 8 right to vote, to be elected, disqualification to serve as a juror, to be a member of a family council or to carry arms. General confiscation of all the convicted persons's property is frequently imposed for crimes against the security of the state. Correctional penalties are those imposed for correctional offenses termed minor crimes (misdemeanors). These are imprisonment for a term, a fine, deprivation of certain civic, civil or family rights for a term. The correctional fine is a principal penalty. The loss of civic, civil and family rights for a term is a supplementary penalty. Other correctional penalties are local banishment, confiscation and the closing of certain establishments. Police penalties are imprisonment, a fine, and special confiscation of certain objects. In accordance with constitutional provisions, the principles of "nullum crimen sine lege" and "nulla poene sine lege" are incorporated into the criminal codes meaning that both the offense and the punishment must be defined by law. Therefore, no offense may be subject to penalties that were not imposed before the act was committed. In order to be sentenced for a criminal offense, a person must have committed a punishable act and must be responsibleFrench & Italian speaking Africa - 8 right to vote, to be elected, disqualification to serve as a juror, to be a member of a family council or to carry arms. General confiscation of all the convicted persons's property is frequently imposed for crimes against the security of the state. Correctional penalties are those imposed for correctional offenses termed minor crimes (misdemeanors). These are imprisonment for a term, a fine, deprivation of certain civic, civil or family rights for a term. The correctional fine is a principal penalty. The loss of civic, civil and family rights for a term is a supplementary penalty. Other correctional penalties are local banishment, confiscation and the closing of certain establishments. Police penalties are imprisonment, a fine, and special confiscation of certain objects. In accordance with constitutional provisions, the principles of "nullum crimen sine lege" and "nulla poene sine lege" are incorporated into the criminal codes meaning that both the offense and the punishment must be defined by law. Therefore, no offense may be subject to penalties that were not imposed before the act was committed. In order to be sentenced for a criminal offense, a person must have committed a punishable act and must be responsibleFrench & Italian speaking Africa - 8 right to vote, to be elected, disqualification to serve as a juror, to be a member of a family council or to carry arms. General confiscation of all the convicted persons's property is frequently imposed for crimes against the security of the state. Correctional penalties are those imposed for correctional offenses termed minor crimes (misdemeanors). These are imprisonment for a term, a fine, deprivation of certain civic, civil or family rights for a term. The correctional fine is a principal penalty. The loss of civic, civil and family rights for a term is a supplementary penalty. Other correctional penalties are local banishment, confiscation and the closing of certain establishments. Police penalties are imprisonment, a fine, and special confiscation of certain objects. In accordance with constitutional provisions, the principles of "nullum crimen sine lege" and "nulla poene sine lege" are incorporated into the criminal codes meaning that both the offense and the punishment must be defined by law. Therefore, no offense may be subject to penalties that were not imposed before the act was committed. In order to be sentenced for a criminal offense, a person must have committed a punishable act and must be responsibleFrench & Italian speaking Africa - 9 and guilty. Responsibility involves the faculty to distinguish between good and evil and the freedom of choice. Absolute irresponsibility is based on insanity and immaturity. Other cases of irresponsibility are based upon the lack of freedom of choice through physical or mental coercion, or a state of necessity as in matters of saving oneself or another. In addition, the responsible person must be guilty, and in specific cases, with intention. There are two categories of excuses, one legally exempting the offender from the penalty, the other having an extenuating effect. Extenuating circumstances are left to the discretion of the judge and result in reduction of the penalties. Other circumstances may increase the penalty. In comparison with the text of the old criminal codes, modern criminal legislation could not ignore the new society for which it was prepared. A new order had to be established, and the new states had to be defended. Thus, the newly enacted criminal law was more concerned with serving the policy of development than defending the acquired rights of the individual. Therefore, the new orientation was directed toward the new society, the construction of the state, and its economic and social development.French & Italian speaking Africa - 9 and guilty. Responsibility involves the faculty to distinguish between good and evil and the freedom of choice. Absolute irresponsibility is based on insanity and immaturity. Other cases of irresponsibility are based upon the lack of freedom of choice through physical or mental coercion, or a state of necessity as in matters of saving oneself or another. In addition, the responsible person must be guilty, and in specific cases, with intention. There are two categories of excuses, one legally exempting the offender from the penalty, the other having an extenuating effect. Extenuating circumstances are left to the discretion of the judge and result in reduction of the penalties. Other circumstances may increase the penalty. In comparison with the text of the old criminal codes, modern criminal legislation could not ignore the new society for which it was prepared. A new order had to be established, and the new states had to be defended. Thus, the newly enacted criminal law was more concerned with serving the policy of development than defending the acquired rights of the individual. Therefore, the new orientation was directed toward the new society, the construction of the state, and its economic and social development.French & Italian speaking Africa - 9 and guilty. Responsibility involves the faculty to distinguish between good and evil and the freedom of choice. Absolute irresponsibility is based on insanity and immaturity. Other cases of irresponsibility are based upon the lack of freedom of choice through physical or mental coercion, or a state of necessity as in matters of saving oneself or another. In addition, the responsible person must be guilty, and in specific cases, with intention. There are two categories of excuses, one legally exempting the offender from the penalty, the other having an extenuating effect. Extenuating circumstances are left to the discretion of the judge and result in reduction of the penalties. Other circumstances may increase the penalty. In comparison with the text of the old criminal codes, modern criminal legislation could not ignore the new society for which it was prepared. A new order had to be established, and the new states had to be defended. Thus, the newly enacted criminal law was more concerned with serving the policy of development than defending the acquired rights of the individual. Therefore, the new orientation was directed toward the new society, the construction of the state, and its economic and social development.French & Italian speaking Africa - 9 and guilty. Responsibility involves the faculty to distinguish between good and evil and the freedom of choice. Absolute irresponsibility is based on insanity and immaturity. Other cases of irresponsibility are based upon the lack of freedom of choice through physical or mental coercion, or a state of necessity as in matters of saving oneself or another. In addition, the responsible person must be guilty, and in specific cases, with intention. There are two categories of excuses, one legally exempting the offender from the penalty, the other having an extenuating effect. Extenuating circumstances are left to the discretion of the judge and result in reduction of the penalties. Other circumstances may increase the penalty. In comparison with the text of the old criminal codes, modern criminal legislation could not ignore the new society for which it was prepared. A new order had to be established, and the new states had to be defended. Thus, the newly enacted criminal law was more concerned with serving the policy of development than defending the acquired rights of the individual. Therefore, the new orientation was directed toward the new society, the construction of the state, and its economic and social development.French & Italian speaking Africa - 9 and guilty. Responsibility involves the faculty to distinguish between good and evil and the freedom of choice. Absolute irresponsibility is based on insanity and immaturity. Other cases of irresponsibility are based upon the lack of freedom of choice through physical or mental coercion, or a state of necessity as in matters of saving oneself or another. In addition, the responsible person must be guilty, and in specific cases, with intention. There are two categories of excuses, one legally exempting the offender from the penalty, the other having an extenuating effect. Extenuating circumstances are left to the discretion of the judge and result in reduction of the penalties. Other circumstances may increase the penalty. In comparison with the text of the old criminal codes, modern criminal legislation could not ignore the new society for which it was prepared. A new order had to be established, and the new states had to be defended. Thus, the newly enacted criminal law was more concerned with serving the policy of development than defending the acquired rights of the individual. Therefore, the new orientation was directed toward the new society, the construction of the state, and its economic and social development.French & Italian speaking Africa - 10 Although continental criminal law was superimposed upon the existing local law of the African states, since independence the application of that customary criminal law was practically eliminated by the enactment of modern principles. Whenever new criminal codes were enacted, due to the large degree of analphabetism, their text had to be clear and simple. Therefore, most criminal codes of the francophone countries of Africa contain more precise definitions of frequent offenses and their attempts when compared to the text of those of the colonial period. Such clear definitions can be found in the criminal codes of Central African Republic on the attempt to overthrow the government, in that of Mali and public funds, in that of Gabon on riots, in that of Mali and Niger on conspiracy of public officials and their right to strike. The modern criminal codes have tried to simplify the system of penalties. While the French Criminal Code applicable in the territories contained 14 types of penalties for major and minor crimes and 4 classes of simple violations, the criminal codes of the Central African Republic includes only 6, Niger, Mali and Gabon only 3 (death, hard labor, or imprisonment for life, and hard labor or imprisonment for term). The Central African Republic has 5 categories of simple violations, Guinea 4, Gabon 3, Malagasy Republic 2, and Mali and Senegal 1.French & Italian speaking Africa - 10 Although continental criminal law was superimposed upon the existing local law of the African states, since independence the application of that customary criminal law was practically eliminated by the enactment of modern principles. Whenever new criminal codes were enacted, due to the large degree of analphabetism, their text had to be clear and simple. Therefore, most criminal codes of the francophone countries of Africa contain more precise definitions of frequent offenses and their attempts when compared to the text of those of the colonial period. Such clear definitions can be found in the criminal codes of Central African Republic on the attempt to overthrow the government, in that of Mali and public funds, in that of Gabon on riots, in that of Mali and Niger on conspiracy of public officials and their right to strike. The modern criminal codes have tried to simplify the system of penalties. While the French Criminal Code applicable in the territories contained 14 types of penalties for major and minor crimes and 4 classes of simple violations, the criminal codes of the Central African Republic includes only 6, Niger, Mali and Gabon only 3 (death, hard labor, or imprisonment for life, and hard labor or imprisonment for term). The Central African Republic has 5 categories of simple violations, Guinea 4, Gabon 3, Malagasy Republic 2, and Mali and Senegal 1.French & Italian speaking Africa - 10 Although continental criminal law was superimposed upon the existing local law of the African states, since independence the application of that customary criminal law was practically eliminated by the enactment of modern principles. Whenever new criminal codes were enacted, due to the large degree of analphabetism, their text had to be clear and simple. Therefore, most criminal codes of the francophone countries of Africa contain more precise definitions of frequent offenses and their attempts when compared to the text of those of the colonial period. Such clear definitions can be found in the criminal codes of Central African Republic on the attempt to overthrow the government, in that of Mali and public funds, in that of Gabon on riots, in that of Mali and Niger on conspiracy of public officials and their right to strike. The modern criminal codes have tried to simplify the system of penalties. While the French Criminal Code applicable in the territories contained 14 types of penalties for major and minor crimes and 4 classes of simple violations, the criminal codes of the Central African Republic includes only 6, Niger, Mali and Gabon only 3 (death, hard labor, or imprisonment for life, and hard labor or imprisonment for term). The Central African Republic has 5 categories of simple violations, Guinea 4, Gabon 3, Malagasy Republic 2, and Mali and Senegal 1.French & Italian speaking Africa - 10 Although continental criminal law was superimposed upon the existing local law of the African states, since independence the application of that customary criminal law was practically eliminated by the enactment of modern principles. Whenever new criminal codes were enacted, due to the large degree of analphabetism, their text had to be clear and simple. Therefore, most criminal codes of the francophone countries of Africa contain more precise definitions of frequent offenses and their attempts when compared to the text of those of the colonial period. Such clear definitions can be found in the criminal codes of Central African Republic on the attempt to overthrow the government, in that of Mali and public funds, in that of Gabon on riots, in that of Mali and Niger on conspiracy of public officials and their right to strike. The modern criminal codes have tried to simplify the system of penalties. While the French Criminal Code applicable in the territories contained 14 types of penalties for major and minor crimes and 4 classes of simple violations, the criminal codes of the Central African Republic includes only 6, Niger, Mali and Gabon only 3 (death, hard labor, or imprisonment for life, and hard labor or imprisonment for term). The Central African Republic has 5 categories of simple violations, Guinea 4, Gabon 3, Malagasy Republic 2, and Mali and Senegal 1.French & Italian speaking Africa - 10 Although continental criminal law was superimposed upon the existing local law of the African states, since independence the application of that customary criminal law was practically eliminated by the enactment of modern principles. Whenever new criminal codes were enacted, due to the large degree of analphabetism, their text had to be clear and simple. Therefore, most criminal codes of the francophone countries of Africa contain more precise definitions of frequent offenses and their attempts when compared to the text of those of the colonial period. Such clear definitions can be found in the criminal codes of Central African Republic on the attempt to overthrow the government, in that of Mali and public funds, in that of Gabon on riots, in that of Mali and Niger on conspiracy of public officials and their right to strike. The modern criminal codes have tried to simplify the system of penalties. While the French Criminal Code applicable in the territories contained 14 types of penalties for major and minor crimes and 4 classes of simple violations, the criminal codes of the Central African Republic includes only 6, Niger, Mali and Gabon only 3 (death, hard labor, or imprisonment for life, and hard labor or imprisonment for term). The Central African Republic has 5 categories of simple violations, Guinea 4, Gabon 3, Malagasy Republic 2, and Mali and Senegal 1.French & Italian speaking Africa - 11 While the text applicable prior to independence included 9 principal penalties, these have been reduced by the Central African Republic and Guinea to 7, Senegal to 6, Mali, Gabon, and Cameroon to 4 (death, two types of imprisonment, and fine), and Niger to 3 (death, imprisonment, and fine). Frequently, new provisions have been incorporated into the modern criminal codes such as texts on rioting, freedom of the press, neglect of family, and penal minority. Other changes in the modern texts concern territorial unity and unity of the population. New offenses reflect concern against regional, ethnic, and racist propaganda, manifestations, and associations, as well as all forms of subversive activities. New measures of suppression have been introduced in several states after the creation of exceptional jurisdictions such as state security courts in Ivory Coast, Gabon, Mauritania, and Niger. Administrative internment by the executive branch of the government has been approved in Congo (Brazzaville), Central African Republic, Dahomey, Togo, and Gabon, disregarding the clear separation of powers. Criminal Procedure Codes The pre-independence text of procedural criminal law was introduced in the manner described previously in regard to criminal codes. With respect to criminal procedure codes, the trend of "nationalizing" pre-independence legislation is much moreFrench & Italian speaking Africa - 11 While the text applicable prior to independence included 9 principal penalties, these have been reduced by the Central African Republic and Guinea to 7, Senegal to 6, Mali, Gabon, and Cameroon to 4 (death, two types of imprisonment, and fine), and Niger to 3 (death, imprisonment, and fine). Frequently, new provisions have been incorporated into the modern criminal codes such as texts on rioting, freedom of the press, neglect of family, and penal minority. Other changes in the modern texts concern territorial unity and unity of the population. New offenses reflect concern against regional, ethnic, and racist propaganda, manifestations, and associations, as well as all forms of subversive activities. New measures of suppression have been introduced in several states after the creation of exceptional jurisdictions such as state security courts in Ivory Coast, Gabon, Mauritania, and Niger. Administrative internment by the executive branch of the government has been approved in Congo (Brazzaville), Central African Republic, Dahomey, Togo, and Gabon, disregarding the clear separation of powers. Criminal Procedure Codes The pre-independence text of procedural criminal law was introduced in the manner described previously in regard to criminal codes. With respect to criminal procedure codes, the trend of "nationalizing" pre-independence legislation is much moreFrench & Italian speaking Africa - 11 While the text applicable prior to independence included 9 principal penalties, these have been reduced by the Central African Republic and Guinea to 7, Senegal to 6, Mali, Gabon, and Cameroon to 4 (death, two types of imprisonment, and fine), and Niger to 3 (death, imprisonment, and fine). Frequently, new provisions have been incorporated into the modern criminal codes such as texts on rioting, freedom of the press, neglect of family, and penal minority. Other changes in the modern texts concern territorial unity and unity of the population. New offenses reflect concern against regional, ethnic, and racist propaganda, manifestations, and associations, as well as all forms of subversive activities. New measures of suppression have been introduced in several states after the creation of exceptional jurisdictions such as state security courts in Ivory Coast, Gabon, Mauritania, and Niger. Administrative internment by the executive branch of the government has been approved in Congo (Brazzaville), Central African Republic, Dahomey, Togo, and Gabon, disregarding the clear separation of powers. Criminal Procedure Codes The pre-independence text of procedural criminal law was introduced in the manner described previously in regard to criminal codes. With respect to criminal procedure codes, the trend of "nationalizing" pre-independence legislation is much moreFrench & Italian speaking Africa - 11 While the text applicable prior to independence included 9 principal penalties, these have been reduced by the Central African Republic and Guinea to 7, Senegal to 6, Mali, Gabon, and Cameroon to 4 (death, two types of imprisonment, and fine), and Niger to 3 (death, imprisonment, and fine). Frequently, new provisions have been incorporated into the modern criminal codes such as texts on rioting, freedom of the press, neglect of family, and penal minority. Other changes in the modern texts concern territorial unity and unity of the population. New offenses reflect concern against regional, ethnic, and racist propaganda, manifestations, and associations, as well as all forms of subversive activities. New measures of suppression have been introduced in several states after the creation of exceptional jurisdictions such as state security courts in Ivory Coast, Gabon, Mauritania, and Niger. Administrative internment by the executive branch of the government has been approved in Congo (Brazzaville), Central African Republic, Dahomey, Togo, and Gabon, disregarding the clear separation of powers. Criminal Procedure Codes The pre-independence text of procedural criminal law was introduced in the manner described previously in regard to criminal codes. With respect to criminal procedure codes, the trend of "nationalizing" pre-independence legislation is much moreFrench & Italian speaking Africa - 11 While the text applicable prior to independence included 9 principal penalties, these have been reduced by the Central African Republic and Guinea to 7, Senegal to 6, Mali, Gabon, and Cameroon to 4 (death, two types of imprisonment, and fine), and Niger to 3 (death, imprisonment, and fine). Frequently, new provisions have been incorporated into the modern criminal codes such as texts on rioting, freedom of the press, neglect of family, and penal minority. Other changes in the modern texts concern territorial unity and unity of the population. New offenses reflect concern against regional, ethnic, and racist propaganda, manifestations, and associations, as well as all forms of subversive activities. New measures of suppression have been introduced in several states after the creation of exceptional jurisdictions such as state security courts in Ivory Coast, Gabon, Mauritania, and Niger. Administrative internment by the executive branch of the government has been approved in Congo (Brazzaville), Central African Republic, Dahomey, Togo, and Gabon, disregarding the clear separation of powers. Criminal Procedure Codes The pre-independence text of procedural criminal law was introduced in the manner described previously in regard to criminal codes. With respect to criminal procedure codes, the trend of "nationalizing" pre-independence legislation is much moreFrench & Italian speaking Africa - 12 visible and pronounced than that for criminal law. Among the 19 states of French and Italian speaking African countries, only 4 countries have retained the Criminal Procedure Code instituted during the colonial period. They are the 2 former mandates and trusteeship territories of Cameroon and Togo and the 2 former Belgian administered territories of Burundi and Zaire. The remaining 15 states have preferred to enact a new Criminal Procedure Code. They include 13 former French administered territories, the Central African Republic, Chad, Congo (Brazzaville), Dahomey, Gabon, Guinea, Ivory Coast, Malagasy Republic, Mali, Mauritania, Niger, Senegal, and Upper Volta, 1 former Belgian territory, Rwanda, and 1 Italian territory, Somalia. Preparatory work for nationalization, that is, modernization of the criminal procedure codes, is still in progress. The Criminal Procedure Code in its pre-independence and modern versions, like the Criminal Code, is divided into books, titles, chapters, sections, and [often] over 700 articles. Some of the new procedural codes also include a reference table to the replaced Criminal Trial Procedure Code. As indicated by their main authors, the new Procedure Code was to serve as a simple working tool and means for adapting the function of criminal justice to the actual needs of the nation by retaining the positive features of the old procedures applied for several generations.French & Italian speaking Africa - 12 visible and pronounced than that for criminal law. Among the 19 states of French and Italian speaking African countries, only 4 countries have retained the Criminal Procedure Code instituted during the colonial period. They are the 2 former mandates and trusteeship territories of Cameroon and Togo and the 2 former Belgian administered territories of Burundi and Zaire. The remaining 15 states have preferred to enact a new Criminal Procedure Code. They include 13 former French administered territories, the Central African Republic, Chad, Congo (Brazzaville), Dahomey, Gabon, Guinea, Ivory Coast, Malagasy Republic, Mali, Mauritania, Niger, Senegal, and Upper Volta, 1 former Belgian territory, Rwanda, and 1 Italian territory, Somalia. Preparatory work for nationalization, that is, modernization of the criminal procedure codes, is still in progress. The Criminal Procedure Code in its pre-independence and modern versions, like the Criminal Code, is divided into books, titles, chapters, sections, and [often] over 700 articles. Some of the new procedural codes also include a reference table to the replaced Criminal Trial Procedure Code. As indicated by their main authors, the new Procedure Code was to serve as a simple working tool and means for adapting the function of criminal justice to the actual needs of the nation by retaining the positive features of the old procedures applied for several generations.French & Italian speaking Africa - 12 visible and pronounced than that for criminal law. Among the 19 states of French and Italian speaking African countries, only 4 countries have retained the Criminal Procedure Code instituted during the colonial period. They are the 2 former mandates and trusteeship territories of Cameroon and Togo and the 2 former Belgian administered territories of Burundi and Zaire. The remaining 15 states have preferred to enact a new Criminal Procedure Code. They include 13 former French administered territories, the Central African Republic, Chad, Congo (Brazzaville), Dahomey, Gabon, Guinea, Ivory Coast, Malagasy Republic, Mali, Mauritania, Niger, Senegal, and Upper Volta, 1 former Belgian territory, Rwanda, and 1 Italian territory, Somalia. Preparatory work for nationalization, that is, modernization of the criminal procedure codes, is still in progress. The Criminal Procedure Code in its pre-independence and modern versions, like the Criminal Code, is divided into books, titles, chapters, sections, and [often] over 700 articles. Some of the new procedural codes also include a reference table to the replaced Criminal Trial Procedure Code. As indicated by their main authors, the new Procedure Code was to serve as a simple working tool and means for adapting the function of criminal justice to the actual needs of the nation by retaining the positive features of the old procedures applied for several generations.French & Italian speaking Africa - 12 visible and pronounced than that for criminal law. Among the 19 states of French and Italian speaking African countries, only 4 countries have retained the Criminal Procedure Code instituted during the colonial period. They are the 2 former mandates and trusteeship territories of Cameroon and Togo and the 2 former Belgian administered territories of Burundi and Zaire. The remaining 15 states have preferred to enact a new Criminal Procedure Code. They include 13 former French administered territories, the Central African Republic, Chad, Congo (Brazzaville), Dahomey, Gabon, Guinea, Ivory Coast, Malagasy Republic, Mali, Mauritania, Niger, Senegal, and Upper Volta, 1 former Belgian territory, Rwanda, and 1 Italian territory, Somalia. Preparatory work for nationalization, that is, modernization of the criminal procedure codes, is still in progress. The Criminal Procedure Code in its pre-independence and modern versions, like the Criminal Code, is divided into books, titles, chapters, sections, and [often] over 700 articles. Some of the new procedural codes also include a reference table to the replaced Criminal Trial Procedure Code. As indicated by their main authors, the new Procedure Code was to serve as a simple working tool and means for adapting the function of criminal justice to the actual needs of the nation by retaining the positive features of the old procedures applied for several generations.French & Italian speaking Africa - 12 visible and pronounced than that for criminal law. Among the 19 states of French and Italian speaking African countries, only 4 countries have retained the Criminal Procedure Code instituted during the colonial period. They are the 2 former mandates and trusteeship territories of Cameroon and Togo and the 2 former Belgian administered territories of Burundi and Zaire. The remaining 15 states have preferred to enact a new Criminal Procedure Code. They include 13 former French administered territories, the Central African Republic, Chad, Congo (Brazzaville), Dahomey, Gabon, Guinea, Ivory Coast, Malagasy Republic, Mali, Mauritania, Niger, Senegal, and Upper Volta, 1 former Belgian territory, Rwanda, and 1 Italian territory, Somalia. Preparatory work for nationalization, that is, modernization of the criminal procedure codes, is still in progress. The Criminal Procedure Code in its pre-independence and modern versions, like the Criminal Code, is divided into books, titles, chapters, sections, and [often] over 700 articles. Some of the new procedural codes also include a reference table to the replaced Criminal Trial Procedure Code. As indicated by their main authors, the new Procedure Code was to serve as a simple working tool and means for adapting the function of criminal justice to the actual needs of the nation by retaining the positive features of the old procedures applied for several generations.French & Italian speaking Africa - 13 Very often the new text represented a simplification of the court procedure and its formalities. In many instances, the new solution was based on considerations of geography, local customs, and language, economic and social order, as well as political reasons. In most cases, innovations have been introduced whenever the government had the necessary means to carry out the new reforms. The Criminal Trial Procedure Code as well as the Criminal Procedure Code in force in the French and Italian speaking countries of Africa are also structured into two or more books dealing with the exercise of public action and investigation, jurisdictions and judgements, exceptional recourses, and special procedures. The criminal justice system of the countries under study has certain institutions which are not identical to those found in the common law system. Some of these are mentioned below: The Examining Magistrate is a judge of a Tribunal appointed by decree for a period of several years to institute preliminary investigations of criminal offenses. He investigates pursuant to a demand from the Prosecutor, in cases of major and minor crimes (roughly equivalent to felonies and misdemeanors).French & Italian speaking Africa - 13 Very often the new text represented a simplification of the court procedure and its formalities. In many instances, the new solution was based on considerations of geography, local customs, and language, economic and social order, as well as political reasons. In most cases, innovations have been introduced whenever the government had the necessary means to carry out the new reforms. The Criminal Trial Procedure Code as well as the Criminal Procedure Code in force in the French and Italian speaking countries of Africa are also structured into two or more books dealing with the exercise of public action and investigation, jurisdictions and judgements, exceptional recourses, and special procedures. The criminal justice system of the countries under study has certain institutions which are not identical to those found in the common law system. Some of these are mentioned below: The Examining Magistrate is a judge of a Tribunal appointed by decree for a period of several years to institute preliminary investigations of criminal offenses. He investigates pursuant to a demand from the Prosecutor, in cases of major and minor crimes (roughly equivalent to felonies and misdemeanors).French & Italian speaking Africa - 13 Very often the new text represented a simplification of the court procedure and its formalities. In many instances, the new solution was based on considerations of geography, local customs, and language, economic and social order, as well as political reasons. In most cases, innovations have been introduced whenever the government had the necessary means to carry out the new reforms. The Criminal Trial Procedure Code as well as the Criminal Procedure Code in force in the French and Italian speaking countries of Africa are also structured into two or more books dealing with the exercise of public action and investigation, jurisdictions and judgements, exceptional recourses, and special procedures. The criminal justice system of the countries under study has certain institutions which are not identical to those found in the common law system. Some of these are mentioned below: The Examining Magistrate is a judge of a Tribunal appointed by decree for a period of several years to institute preliminary investigations of criminal offenses. He investigates pursuant to a demand from the Prosecutor, in cases of major and minor crimes (roughly equivalent to felonies and misdemeanors).French & Italian speaking Africa - 13 Very often the new text represented a simplification of the court procedure and its formalities. In many instances, the new solution was based on considerations of geography, local customs, and language, economic and social order, as well as political reasons. In most cases, innovations have been introduced whenever the government had the necessary means to carry out the new reforms. The Criminal Trial Procedure Code as well as the Criminal Procedure Code in force in the French and Italian speaking countries of Africa are also structured into two or more books dealing with the exercise of public action and investigation, jurisdictions and judgements, exceptional recourses, and special procedures. The criminal justice system of the countries under study has certain institutions which are not identical to those found in the common law system. Some of these are mentioned below: The Examining Magistrate is a judge of a Tribunal appointed by decree for a period of several years to institute preliminary investigations of criminal offenses. He investigates pursuant to a demand from the Prosecutor, in cases of major and minor crimes (roughly equivalent to felonies and misdemeanors).French & Italian speaking Africa - 13 Very often the new text represented a simplification of the court procedure and its formalities. In many instances, the new solution was based on considerations of geography, local customs, and language, economic and social order, as well as political reasons. In most cases, innovations have been introduced whenever the government had the necessary means to carry out the new reforms. The Criminal Trial Procedure Code as well as the Criminal Procedure Code in force in the French and Italian speaking countries of Africa are also structured into two or more books dealing with the exercise of public action and investigation, jurisdictions and judgements, exceptional recourses, and special procedures. The criminal justice system of the countries under study has certain institutions which are not identical to those found in the common law system. Some of these are mentioned below: The Examining Magistrate is a judge of a Tribunal appointed by decree for a period of several years to institute preliminary investigations of criminal offenses. He investigates pursuant to a demand from the Prosecutor, in cases of major and minor crimes (roughly equivalent to felonies and misdemeanors).French & Italian speaking Africa - 14 The Prosecutor is the representative of the Department of Criminal Prosecution in the Tribunal of Grand Instance and in certain cases at the Court of Assizes. The Prosecutor General mainly represents the Department of Prosecution in the Court of Appeals and the Court of Assizes at the seat of the Court of Appeals. The Prosecutor is also a judge appointed to exercise that function for a certain period of time. The Judicial Police includes officers, police agents, and certain officials to whom certain investigating functions are assigned by law. They establish violations of criminal law, gather evidence and search for offenders. They receive complaints and accusations and work under the direction of the Prosecutors and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeals which has jurisdiction, (a) to decide appeals from ordinances of the Examining Magistrate, and (b) to investigate major crimes to determine whether the evidence justifies referral of the accused to the Court of Assizes for trial. The Order of Referral is the means by which the Chamber of Accusation refers a case involving a major crime to the Court of Assizes, a minor crime to the Correctional Tribunal, and a simple violation to the Police Tribunal.French & Italian speaking Africa - 14 The Prosecutor is the representative of the Department of Criminal Prosecution in the Tribunal of Grand Instance and in certain cases at the Court of Assizes. The Prosecutor General mainly represents the Department of Prosecution in the Court of Appeals and the Court of Assizes at the seat of the Court of Appeals. The Prosecutor is also a judge appointed to exercise that function for a certain period of time. The Judicial Police includes officers, police agents, and certain officials to whom certain investigating functions are assigned by law. They establish violations of criminal law, gather evidence and search for offenders. They receive complaints and accusations and work under the direction of the Prosecutors and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeals which has jurisdiction, (a) to decide appeals from ordinances of the Examining Magistrate, and (b) to investigate major crimes to determine whether the evidence justifies referral of the accused to the Court of Assizes for trial. The Order of Referral is the means by which the Chamber of Accusation refers a case involving a major crime to the Court of Assizes, a minor crime to the Correctional Tribunal, and a simple violation to the Police Tribunal.French & Italian speaking Africa - 14 The Prosecutor is the representative of the Department of Criminal Prosecution in the Tribunal of Grand Instance and in certain cases at the Court of Assizes. The Prosecutor General mainly represents the Department of Prosecution in the Court of Appeals and the Court of Assizes at the seat of the Court of Appeals. The Prosecutor is also a judge appointed to exercise that function for a certain period of time. The Judicial Police includes officers, police agents, and certain officials to whom certain investigating functions are assigned by law. They establish violations of criminal law, gather evidence and search for offenders. They receive complaints and accusations and work under the direction of the Prosecutors and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeals which has jurisdiction, (a) to decide appeals from ordinances of the Examining Magistrate, and (b) to investigate major crimes to determine whether the evidence justifies referral of the accused to the Court of Assizes for trial. The Order of Referral is the means by which the Chamber of Accusation refers a case involving a major crime to the Court of Assizes, a minor crime to the Correctional Tribunal, and a simple violation to the Police Tribunal.French & Italian speaking Africa - 14 The Prosecutor is the representative of the Department of Criminal Prosecution in the Tribunal of Grand Instance and in certain cases at the Court of Assizes. The Prosecutor General mainly represents the Department of Prosecution in the Court of Appeals and the Court of Assizes at the seat of the Court of Appeals. The Prosecutor is also a judge appointed to exercise that function for a certain period of time. The Judicial Police includes officers, police agents, and certain officials to whom certain investigating functions are assigned by law. They establish violations of criminal law, gather evidence and search for offenders. They receive complaints and accusations and work under the direction of the Prosecutors and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeals which has jurisdiction, (a) to decide appeals from ordinances of the Examining Magistrate, and (b) to investigate major crimes to determine whether the evidence justifies referral of the accused to the Court of Assizes for trial. The Order of Referral is the means by which the Chamber of Accusation refers a case involving a major crime to the Court of Assizes, a minor crime to the Correctional Tribunal, and a simple violation to the Police Tribunal.French & Italian speaking Africa - 14 The Prosecutor is the representative of the Department of Criminal Prosecution in the Tribunal of Grand Instance and in certain cases at the Court of Assizes. The Prosecutor General mainly represents the Department of Prosecution in the Court of Appeals and the Court of Assizes at the seat of the Court of Appeals. The Prosecutor is also a judge appointed to exercise that function for a certain period of time. The Judicial Police includes officers, police agents, and certain officials to whom certain investigating functions are assigned by law. They establish violations of criminal law, gather evidence and search for offenders. They receive complaints and accusations and work under the direction of the Prosecutors and the supervision of the Chamber of Accusation. The Chamber of Accusation is a chamber of the Court of Appeals which has jurisdiction, (a) to decide appeals from ordinances of the Examining Magistrate, and (b) to investigate major crimes to determine whether the evidence justifies referral of the accused to the Court of Assizes for trial. The Order of Referral is the means by which the Chamber of Accusation refers a case involving a major crime to the Court of Assizes, a minor crime to the Correctional Tribunal, and a simple violation to the Police Tribunal.French & Italian speaking Africa - 15 The Civil Party, also called the Party Injured, is a unique institution of the criminal justice system as applied in the civil or continental law system and also in the African countries which inherited that system. The Civil Party, by initial or subsequent act, may initiate or participate at the investigative level. The Investigating Magistrate must transmit the file to the Prosecutor who must return it to him with a request for prosecution. The Civil Party may intervene in the subsequent stages of an appeal. The Pre-Trial Confinement is a special measure at the investigating level and its length varies in accordance with the severity of the punishment incurred. It may be extended by the Investigating Magistrate upon the request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. The Prosecutor also has the right to submit such a request to the Chamber of Accusation. The formalities for conducting the investigation to be followed by the Investigating Magistrate are mandatory and failures in this regard will nullify the proceedings before the courts. Decisions of the Examining Magistrate are subject to appeal to the Chamber of Accusation. If it determines that the facts constitute a minor offense or a simpleFrench & Italian speaking Africa - 15 The Civil Party, also called the Party Injured, is a unique institution of the criminal justice system as applied in the civil or continental law system and also in the African countries which inherited that system. The Civil Party, by initial or subsequent act, may initiate or participate at the investigative level. The Investigating Magistrate must transmit the file to the Prosecutor who must return it to him with a request for prosecution. The Civil Party may intervene in the subsequent stages of an appeal. The Pre-Trial Confinement is a special measure at the investigating level and its length varies in accordance with the severity of the punishment incurred. It may be extended by the Investigating Magistrate upon the request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. The Prosecutor also has the right to submit such a request to the Chamber of Accusation. The formalities for conducting the investigation to be followed by the Investigating Magistrate are mandatory and failures in this regard will nullify the proceedings before the courts. Decisions of the Examining Magistrate are subject to appeal to the Chamber of Accusation. If it determines that the facts constitute a minor offense or a simpleFrench & Italian speaking Africa - 15 The Civil Party, also called the Party Injured, is a unique institution of the criminal justice system as applied in the civil or continental law system and also in the African countries which inherited that system. The Civil Party, by initial or subsequent act, may initiate or participate at the investigative level. The Investigating Magistrate must transmit the file to the Prosecutor who must return it to him with a request for prosecution. The Civil Party may intervene in the subsequent stages of an appeal. The Pre-Trial Confinement is a special measure at the investigating level and its length varies in accordance with the severity of the punishment incurred. It may be extended by the Investigating Magistrate upon the request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. The Prosecutor also has the right to submit such a request to the Chamber of Accusation. The formalities for conducting the investigation to be followed by the Investigating Magistrate are mandatory and failures in this regard will nullify the proceedings before the courts. Decisions of the Examining Magistrate are subject to appeal to the Chamber of Accusation. If it determines that the facts constitute a minor offense or a simpleFrench & Italian speaking Africa - 15 The Civil Party, also called the Party Injured, is a unique institution of the criminal justice system as applied in the civil or continental law system and also in the African countries which inherited that system. The Civil Party, by initial or subsequent act, may initiate or participate at the investigative level. The Investigating Magistrate must transmit the file to the Prosecutor who must return it to him with a request for prosecution. The Civil Party may intervene in the subsequent stages of an appeal. The Pre-Trial Confinement is a special measure at the investigating level and its length varies in accordance with the severity of the punishment incurred. It may be extended by the Investigating Magistrate upon the request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. The Prosecutor also has the right to submit such a request to the Chamber of Accusation. The formalities for conducting the investigation to be followed by the Investigating Magistrate are mandatory and failures in this regard will nullify the proceedings before the courts. Decisions of the Examining Magistrate are subject to appeal to the Chamber of Accusation. If it determines that the facts constitute a minor offense or a simpleFrench & Italian speaking Africa - 15 The Civil Party, also called the Party Injured, is a unique institution of the criminal justice system as applied in the civil or continental law system and also in the African countries which inherited that system. The Civil Party, by initial or subsequent act, may initiate or participate at the investigative level. The Investigating Magistrate must transmit the file to the Prosecutor who must return it to him with a request for prosecution. The Civil Party may intervene in the subsequent stages of an appeal. The Pre-Trial Confinement is a special measure at the investigating level and its length varies in accordance with the severity of the punishment incurred. It may be extended by the Investigating Magistrate upon the request of the Prosecutor. Temporary release from custody may be requested from the Examining Magistrate. The Prosecutor also has the right to submit such a request to the Chamber of Accusation. The formalities for conducting the investigation to be followed by the Investigating Magistrate are mandatory and failures in this regard will nullify the proceedings before the courts. Decisions of the Examining Magistrate are subject to appeal to the Chamber of Accusation. If it determines that the facts constitute a minor offense or a simpleFrench & Italian speaking Africa - 16 violation, it pronounces a referral to the correctional tribunal or police tribunal. Whenever it deems that the act constitutes a major crime, it pronounces a bill of indictment before the Court of Assizes. The propriety of the order of the Chamber of Accusation is evaluated by the Court of Cassation or Supreme Court. Criminal Court System All the French and Italian speaking countries of Africa enacted new laws regarding the organization of their judicial structure. Some had started the process shortly before independence when they were granted only legislative autonomy, others completed the task several years later. The hierarchy of jurisdictions is based on the classical principles of judgement, appeal, and cassation. Modern judicial structure varies from three to four levels, with differing nomenclature for many countries. At the lowest level ranks the Police Court or the Justices of the Peace, then the Tribunal or Court of Instance, of First Instance or Grand Instance, the Criminal Courts or Courts of Assizes, the Courts of Appeals, and the Court of Cassation or Supreme Court.French & Italian speaking Africa - 16 violation, it pronounces a referral to the correctional tribunal or police tribunal. Whenever it deems that the act constitutes a major crime, it pronounces a bill of indictment before the Court of Assizes. The propriety of the order of the Chamber of Accusation is evaluated by the Court of Cassation or Supreme Court. Criminal Court System All the French and Italian speaking countries of Africa enacted new laws regarding the organization of their judicial structure. Some had started the process shortly before independence when they were granted only legislative autonomy, others completed the task several years later. The hierarchy of jurisdictions is based on the classical principles of judgement, appeal, and cassation. Modern judicial structure varies from three to four levels, with differing nomenclature for many countries. At the lowest level ranks the Police Court or the Justices of the Peace, then the Tribunal or Court of Instance, of First Instance or Grand Instance, the Criminal Courts or Courts of Assizes, the Courts of Appeals, and the Court of Cassation or Supreme Court.French & Italian speaking Africa - 16 violation, it pronounces a referral to the correctional tribunal or police tribunal. Whenever it deems that the act constitutes a major crime, it pronounces a bill of indictment before the Court of Assizes. The propriety of the order of the Chamber of Accusation is evaluated by the Court of Cassation or Supreme Court. Criminal Court System All the French and Italian speaking countries of Africa enacted new laws regarding the organization of their judicial structure. Some had started the process shortly before independence when they were granted only legislative autonomy, others completed the task several years later. The hierarchy of jurisdictions is based on the classical principles of judgement, appeal, and cassation. Modern judicial structure varies from three to four levels, with differing nomenclature for many countries. At the lowest level ranks the Police Court or the Justices of the Peace, then the Tribunal or Court of Instance, of First Instance or Grand Instance, the Criminal Courts or Courts of Assizes, the Courts of Appeals, and the Court of Cassation or Supreme Court.French & Italian speaking Africa - 16 violation, it pronounces a referral to the correctional tribunal or police tribunal. Whenever it deems that the act constitutes a major crime, it pronounces a bill of indictment before the Court of Assizes. The propriety of the order of the Chamber of Accusation is evaluated by the Court of Cassation or Supreme Court. Criminal Court System All the French and Italian speaking countries of Africa enacted new laws regarding the organization of their judicial structure. Some had started the process shortly before independence when they were granted only legislative autonomy, others completed the task several years later. The hierarchy of jurisdictions is based on the classical principles of judgement, appeal, and cassation. Modern judicial structure varies from three to four levels, with differing nomenclature for many countries. At the lowest level ranks the Police Court or the Justices of the Peace, then the Tribunal or Court of Instance, of First Instance or Grand Instance, the Criminal Courts or Courts of Assizes, the Courts of Appeals, and the Court of Cassation or Supreme Court.French & Italian speaking Africa - 16 violation, it pronounces a referral to the correctional tribunal or police tribunal. Whenever it deems that the act constitutes a major crime, it pronounces a bill of indictment before the Court of Assizes. The propriety of the order of the Chamber of Accusation is evaluated by the Court of Cassation or Supreme Court. Criminal Court System All the French and Italian speaking countries of Africa enacted new laws regarding the organization of their judicial structure. Some had started the process shortly before independence when they were granted only legislative autonomy, others completed the task several years later. The hierarchy of jurisdictions is based on the classical principles of judgement, appeal, and cassation. Modern judicial structure varies from three to four levels, with differing nomenclature for many countries. At the lowest level ranks the Police Court or the Justices of the Peace, then the Tribunal or Court of Instance, of First Instance or Grand Instance, the Criminal Courts or Courts of Assizes, the Courts of Appeals, and the Court of Cassation or Supreme Court.French & Italian speaking Africa - 17 The Police Court judges simple violations. It is called a Resident Court in Burundi, and a Peace Court in Zaire, and Justice of the Peace Court in Chad, Niger and Sénégal. Only in the former Belgian territories is the jurisdiction of minor crimes another level of operation. They are called Provincial Courts in Burundi and District courts in Zaire. The Correctional Tribunal has jurisdiction to judge minor crimes (misdemeanors) on the next level. It has general or limited criminal jurisdiction over major but mostly minor crimes and sometimes violations. In most countries, it is called the Court of First Instance, and sometimes Court of Grand Instance. The Court is usually composed of a President and two judges. In Somalia, it is the Criminal Section of the District Court. The Criminal Court usually has jurisdiction over major crimes, but in some instances also minor ones. In 7 French administered countries it is called Criminal Court, in 8 countries, Court of Assizes, in Burundi, Rwanda, and Zaire, it is Court of First Instance, and in Somalia, Assize Section of the Regional Court. This type of court has plenary jurisdiction over persons brought before it by a bill or order of indictment from the Chamber of Accusation. The Court is composed of a PresidentFrench & Italian speaking Africa - 17 The Police Court judges simple violations. It is called a Resident Court in Burundi, and a Peace Court in Zaire, and Justice of the Peace Court in Chad, Niger and Sénégal. Only in the former Belgian territories is the jurisdiction of minor crimes another level of operation. They are called Provincial Courts in Burundi and District courts in Zaire. The Correctional Tribunal has jurisdiction to judge minor crimes (misdemeanors) on the next level. It has general or limited criminal jurisdiction over major but mostly minor crimes and sometimes violations. In most countries, it is called the Court of First Instance, and sometimes Court of Grand Instance. The Court is usually composed of a President and two judges. In Somalia, it is the Criminal Section of the District Court. The Criminal Court usually has jurisdiction over major crimes, but in some instances also minor ones. In 7 French administered countries it is called Criminal Court, in 8 countries, Court of Assizes, in Burundi, Rwanda, and Zaire, it is Court of First Instance, and in Somalia, Assize Section of the Regional Court. This type of court has plenary jurisdiction over persons brought before it by a bill or order of indictment from the Chamber of Accusation. The Court is composed of a PresidentFrench & Italian speaking Africa - 17 The Police Court judges simple violations. It is called a Resident Court in Burundi, and a Peace Court in Zaire, and Justice of the Peace Court in Chad, Niger and Sénégal. Only in the former Belgian territories is the jurisdiction of minor crimes another level of operation. They are called Provincial Courts in Burundi and District courts in Zaire. The Correctional Tribunal has jurisdiction to judge minor crimes (misdemeanors) on the next level. It has general or limited criminal jurisdiction over major but mostly minor crimes and sometimes violations. In most countries, it is called the Court of First Instance, and sometimes Court of Grand Instance. The Court is usually composed of a President and two judges. In Somalia, it is the Criminal Section of the District Court. The Criminal Court usually has jurisdiction over major crimes, but in some instances also minor ones. In 7 French administered countries it is called Criminal Court, in 8 countries, Court of Assizes, in Burundi, Rwanda, and Zaire, it is Court of First Instance, and in Somalia, Assize Section of the Regional Court. This type of court has plenary jurisdiction over persons brought before it by a bill or order of indictment from the Chamber of Accusation. The Court is composed of a PresidentFrench & Italian speaking Africa - 17 The Police Court judges simple violations. It is called a Resident Court in Burundi, and a Peace Court in Zaire, and Justice of the Peace Court in Chad, Niger and Sénégal. Only in the former Belgian territories is the jurisdiction of minor crimes another level of operation. They are called Provincial Courts in Burundi and District courts in Zaire. The Correctional Tribunal has jurisdiction to judge minor crimes (misdemeanors) on the next level. It has general or limited criminal jurisdiction over major but mostly minor crimes and sometimes violations. In most countries, it is called the Court of First Instance, and sometimes Court of Grand Instance. The Court is usually composed of a President and two judges. In Somalia, it is the Criminal Section of the District Court. The Criminal Court usually has jurisdiction over major crimes, but in some instances also minor ones. In 7 French administered countries it is called Criminal Court, in 8 countries, Court of Assizes, in Burundi, Rwanda, and Zaire, it is Court of First Instance, and in Somalia, Assize Section of the Regional Court. This type of court has plenary jurisdiction over persons brought before it by a bill or order of indictment from the Chamber of Accusation. The Court is composed of a PresidentFrench & Italian speaking Africa - 17 The Police Court judges simple violations. It is called a Resident Court in Burundi, and a Peace Court in Zaire, and Justice of the Peace Court in Chad, Niger and Sénégal. Only in the former Belgian territories is the jurisdiction of minor crimes another level of operation. They are called Provincial Courts in Burundi and District courts in Zaire. The Correctional Tribunal has jurisdiction to judge minor crimes (misdemeanors) on the next level. It has general or limited criminal jurisdiction over major but mostly minor crimes and sometimes violations. In most countries, it is called the Court of First Instance, and sometimes Court of Grand Instance. The Court is usually composed of a President and two judges. In Somalia, it is the Criminal Section of the District Court. The Criminal Court usually has jurisdiction over major crimes, but in some instances also minor ones. In 7 French administered countries it is called Criminal Court, in 8 countries, Court of Assizes, in Burundi, Rwanda, and Zaire, it is Court of First Instance, and in Somalia, Assize Section of the Regional Court. This type of court has plenary jurisdiction over persons brought before it by a bill or order of indictment from the Chamber of Accusation. The Court is composed of a PresidentFrench & Italian speaking Africa - 18 and two associate judges and a jury of several members, drawn from a session list. Its sessions are public, but it may also sit behind closed doors. Assistance by a defense council is usually mandatory. Decisions of the Court of Assizes are subject to review in cassation by the Supreme Court. The Courts of Appeals hear appeals of decisions in cases involving minor crimes and violations. This is the second stage of a trial after the Correctional Tribunal or the Police Court. Certain decisions of the Police Courts may not be appealed. The appeals have the effect of suspending the execution of the judgement. There are, however, exceptions to this rule. The Court of Appeals may take cognizance of the entire case. A party may limit an appeal [*either*] to the criminal or civil side and the prosecutor to one or several defendants in the case. In cases of nullity, the Court of Appeals may correct the viciated procedure and decide the case in its own merit. In this case, the parties will be deprived of one new stage of trial to which they would be entitled if the case had been sent back to the lower court. The court can reject the appeal as inadmissible, it can affirm the decision of the lower court, it can acquit the accused, or render a new decision.French & Italian speaking Africa - 18 and two associate judges and a jury of several members, drawn from a session list. Its sessions are public, but it may also sit behind closed doors. Assistance by a defense council is usually mandatory. Decisions of the Court of Assizes are subject to review in cassation by the Supreme Court. The Courts of Appeals hear appeals of decisions in cases involving minor crimes and violations. This is the second stage of a trial after the Correctional Tribunal or the Police Court. Certain decisions of the Police Courts may not be appealed. The appeals have the effect of suspending the execution of the judgement. There are, however, exceptions to this rule. The Court of Appeals may take cognizance of the entire case. A party may limit an appeal [*either*] to the criminal or civil side and the prosecutor to one or several defendants in the case. In cases of nullity, the Court of Appeals may correct the viciated procedure and decide the case in its own merit. In this case, the parties will be deprived of one new stage of trial to which they would be entitled if the case had been sent back to the lower court. The court can reject the appeal as inadmissible, it can affirm the decision of the lower court, it can acquit the accused, or render a new decision.French & Italian speaking Africa - 18 and two associate judges and a jury of several members, drawn from a session list. Its sessions are public, but it may also sit behind closed doors. Assistance by a defense council is usually mandatory. Decisions of the Court of Assizes are subject to review in cassation by the Supreme Court. The Courts of Appeals hear appeals of decisions in cases involving minor crimes and violations. This is the second stage of a trial after the Correctional Tribunal or the Police Court. Certain decisions of the Police Courts may not be appealed. The appeals have the effect of suspending the execution of the judgement. There are, however, exceptions to this rule. The Court of Appeals may take cognizance of the entire case. A party may limit an appeal [*either*] to the criminal or civil side and the prosecutor to one or several defendants in the case. In cases of nullity, the Court of Appeals may correct the viciated procedure and decide the case in its own merit. In this case, the parties will be deprived of one new stage of trial to which they would be entitled if the case had been sent back to the lower court. The court can reject the appeal as inadmissible, it can affirm the decision of the lower court, it can acquit the accused, or render a new decision.French & Italian speaking Africa - 18 and two associate judges and a jury of several members, drawn from a session list. Its sessions are public, but it may also sit behind closed doors. Assistance by a defense council is usually mandatory. Decisions of the Court of Assizes are subject to review in cassation by the Supreme Court. The Courts of Appeals hear appeals of decisions in cases involving minor crimes and violations. This is the second stage of a trial after the Correctional Tribunal or the Police Court. Certain decisions of the Police Courts may not be appealed. The appeals have the effect of suspending the execution of the judgement. There are, however, exceptions to this rule. The Court of Appeals may take cognizance of the entire case. A party may limit an appeal [*either*] to the criminal or civil side and the prosecutor to one or several defendants in the case. In cases of nullity, the Court of Appeals may correct the viciated procedure and decide the case in its own merit. In this case, the parties will be deprived of one new stage of trial to which they would be entitled if the case had been sent back to the lower court. The court can reject the appeal as inadmissible, it can affirm the decision of the lower court, it can acquit the accused, or render a new decision.French & Italian speaking Africa - 18 and two associate judges and a jury of several members, drawn from a session list. Its sessions are public, but it may also sit behind closed doors. Assistance by a defense council is usually mandatory. Decisions of the Court of Assizes are subject to review in cassation by the Supreme Court. The Courts of Appeals hear appeals of decisions in cases involving minor crimes and violations. This is the second stage of a trial after the Correctional Tribunal or the Police Court. Certain decisions of the Police Courts may not be appealed. The appeals have the effect of suspending the execution of the judgement. There are, however, exceptions to this rule. The Court of Appeals may take cognizance of the entire case. A party may limit an appeal [*either*] to the criminal or civil side and the prosecutor to one or several defendants in the case. In cases of nullity, the Court of Appeals may correct the viciated procedure and decide the case in its own merit. In this case, the parties will be deprived of one new stage of trial to which they would be entitled if the case had been sent back to the lower court. The court can reject the appeal as inadmissible, it can affirm the decision of the lower court, it can acquit the accused, or render a new decision.French & Italian speaking Africa - 19 The Supreme Court with its Criminal Chamber is the highest court and last resort in the criminal justice system of the French and Italian speaking countries of Africa. There are two extraordinary means of appeal provided by this criminal justice system. One is the review in cassation and the other is the request for revision. Judgements and decisions rendered in the last resort may be subject to a review in cassation. Decisions of conviction may be attacked by a review in cassation. In general, all decision[*s*] of the Chamber of Accusation may be subject to a review in cassation. The Court of Cassation judges a review in cassation only as to the law, for example, an error in the application of the law, failure or refusal to decide upon one or several demands of the parties or the prosecutor, a violation of formal requirements of the law, and an absence of grounds or insufficient grounds in the decision under attack. The hearings are open and the Criminal Chamber of the Supreme Court may render the following types of decisions: the review in cassation is rejected, or it is inadmissible and it has to be dismissed. It may also refer the case to another court or it may reverse the case. Finally, the Court of Cassation may hear a review in cassation at the request of theFrench & Italian speaking Africa - 19 The Supreme Court with its Criminal Chamber is the highest court and last resort in the criminal justice system of the French and Italian speaking countries of Africa. There are two extraordinary means of appeal provided by this criminal justice system. One is the review in cassation and the other is the request for revision. Judgements and decisions rendered in the last resort may be subject to a review in cassation. Decisions of conviction may be attacked by a review in cassation. In general, all decision[*s*] of the Chamber of Accusation may be subject to a review in cassation. The Court of Cassation judges a review in cassation only as to the law, for example, an error in the application of the law, failure or refusal to decide upon one or several demands of the parties or the prosecutor, a violation of formal requirements of the law, and an absence of grounds or insufficient grounds in the decision under attack. The hearings are open and the Criminal Chamber of the Supreme Court may render the following types of decisions: the review in cassation is rejected, or it is inadmissible and it has to be dismissed. It may also refer the case to another court or it may reverse the case. Finally, the Court of Cassation may hear a review in cassation at the request of theFrench & Italian speaking Africa - 19 The Supreme Court with its Criminal Chamber is the highest court and last resort in the criminal justice system of the French and Italian speaking countries of Africa. There are two extraordinary means of appeal provided by this criminal justice system. One is the review in cassation and the other is the request for revision. Judgements and decisions rendered in the last resort may be subject to a review in cassation. Decisions of conviction may be attacked by a review in cassation. In general, all decision[*s*] of the Chamber of Accusation may be subject to a review in cassation. The Court of Cassation judges a review in cassation only as to the law, for example, an error in the application of the law, failure or refusal to decide upon one or several demands of the parties or the prosecutor, a violation of formal requirements of the law, and an absence of grounds or insufficient grounds in the decision under attack. The hearings are open and the Criminal Chamber of the Supreme Court may render the following types of decisions: the review in cassation is rejected, or it is inadmissible and it has to be dismissed. It may also refer the case to another court or it may reverse the case. Finally, the Court of Cassation may hear a review in cassation at the request of theFrench & Italian speaking Africa - 19 The Supreme Court with its Criminal Chamber is the highest court and last resort in the criminal justice system of the French and Italian speaking countries of Africa. There are two extraordinary means of appeal provided by this criminal justice system. One is the review in cassation and the other is the request for revision. Judgements and decisions rendered in the last resort may be subject to a review in cassation. Decisions of conviction may be attacked by a review in cassation. In general, all decision[*s*] of the Chamber of Accusation may be subject to a review in cassation. The Court of Cassation judges a review in cassation only as to the law, for example, an error in the application of the law, failure or refusal to decide upon one or several demands of the parties or the prosecutor, a violation of formal requirements of the law, and an absence of grounds or insufficient grounds in the decision under attack. The hearings are open and the Criminal Chamber of the Supreme Court may render the following types of decisions: the review in cassation is rejected, or it is inadmissible and it has to be dismissed. It may also refer the case to another court or it may reverse the case. Finally, the Court of Cassation may hear a review in cassation at the request of theFrench & Italian speaking Africa - 19 The Supreme Court with its Criminal Chamber is the highest court and last resort in the criminal justice system of the French and Italian speaking countries of Africa. There are two extraordinary means of appeal provided by this criminal justice system. One is the review in cassation and the other is the request for revision. Judgements and decisions rendered in the last resort may be subject to a review in cassation. Decisions of conviction may be attacked by a review in cassation. In general, all decision[*s*] of the Chamber of Accusation may be subject to a review in cassation. The Court of Cassation judges a review in cassation only as to the law, for example, an error in the application of the law, failure or refusal to decide upon one or several demands of the parties or the prosecutor, a violation of formal requirements of the law, and an absence of grounds or insufficient grounds in the decision under attack. The hearings are open and the Criminal Chamber of the Supreme Court may render the following types of decisions: the review in cassation is rejected, or it is inadmissible and it has to be dismissed. It may also refer the case to another court or it may reverse the case. Finally, the Court of Cassation may hear a review in cassation at the request of theFrench & Italian speaking Africa - 20 Prosecutor General and in the interest of the law whereby the decision rendered does not affect any of the parties involved. Special Courts Several countries of French and Italian speaking sub- Saharan Africa have found it necessary after independence to institute exceptional jurisdictions and procedures, governed by special laws. These are called Special Criminal Courts in Cameroon, Congo (Brazzaville), Guinea, Malagasy Republic, Mauritania, and Sénégal. State Security Courts have been instituted in Chad, Dahomey, Gabon, Ivory Coast, Niger and Upper Volta. It is characteristic for these special jurisdictions to have an accelerated and simplified procedure, limited defense rights, aggravated penalties, and generally limited or no possibilities to appeal the decision. This trend seems to be in the increase and parallels the suspension of constitutional provisions and the installation of military or one-party governments in several French and Italian speaking countries of Africa. LIST OF SOURCES Bellon, Remi and P. Delfosse, comp. Codes et lois du Burundi. 1st. ed. Bruxelles, F. Larcier, 1970. 1092 p. Blaise, Jean-Bernard and Jacques Mourgeon. Lois et décrets de Côte d'Ivoire. Paris, Librairies Techniques, 1970. 938 p.French & Italian speaking Africa - 20 Prosecutor General and in the interest of the law whereby the decision rendered does not affect any of the parties involved. Special Courts Several countries of French and Italian speaking sub- Saharan Africa have found it necessary after independence to institute exceptional jurisdictions and procedures, governed by special laws. These are called Special Criminal Courts in Cameroon, Congo (Brazzaville), Guinea, Malagasy Republic, Mauritania, and Sénégal. State Security Courts have been instituted in Chad, Dahomey, Gabon, Ivory Coast, Niger and Upper Volta. It is characteristic for these special jurisdictions to have an accelerated and simplified procedure, limited defense rights, aggravated penalties, and generally limited or no possibilities to appeal the decision. This trend seems to be in the increase and parallels the suspension of constitutional provisions and the installation of military or one-party governments in several French and Italian speaking countries of Africa. LIST OF SOURCES Bellon, Remi and P. Delfosse, comp. Codes et lois du Burundi. 1st. ed. Bruxelles, F. Larcier, 1970. 1092 p. Blaise, Jean-Bernard and Jacques Mourgeon. Lois et décrets de Côte d'Ivoire. Paris, Librairies Techniques, 1970. 938 p.French & Italian speaking Africa - 20 Prosecutor General and in the interest of the law whereby the decision rendered does not affect any of the parties involved. Special Courts Several countries of French and Italian speaking sub- Saharan Africa have found it necessary after independence to institute exceptional jurisdictions and procedures, governed by special laws. These are called Special Criminal Courts in Cameroon, Congo (Brazzaville), Guinea, Malagasy Republic, Mauritania, and Sénégal. State Security Courts have been instituted in Chad, Dahomey, Gabon, Ivory Coast, Niger and Upper Volta. It is characteristic for these special jurisdictions to have an accelerated and simplified procedure, limited defense rights, aggravated penalties, and generally limited or no possibilities to appeal the decision. This trend seems to be in the increase and parallels the suspension of constitutional provisions and the installation of military or one-party governments in several French and Italian speaking countries of Africa. LIST OF SOURCES Bellon, Remi and P. Delfosse, comp. Codes et lois du Burundi. 1st. ed. Bruxelles, F. Larcier, 1970. 1092 p. Blaise, Jean-Bernard and Jacques Mourgeon. Lois et décrets de Côte d'Ivoire. Paris, Librairies Techniques, 1970. 938 p.French & Italian speaking Africa - 20 Prosecutor General and in the interest of the law whereby the decision rendered does not affect any of the parties involved. Special Courts Several countries of French and Italian speaking sub- Saharan Africa have found it necessary after independence to institute exceptional jurisdictions and procedures, governed by special laws. These are called Special Criminal Courts in Cameroon, Congo (Brazzaville), Guinea, Malagasy Republic, Mauritania, and Sénégal. State Security Courts have been instituted in Chad, Dahomey, Gabon, Ivory Coast, Niger and Upper Volta. It is characteristic for these special jurisdictions to have an accelerated and simplified procedure, limited defense rights, aggravated penalties, and generally limited or no possibilities to appeal the decision. This trend seems to be in the increase and parallels the suspension of constitutional provisions and the installation of military or one-party governments in several French and Italian speaking countries of Africa. LIST OF SOURCES Bellon, Remi and P. Delfosse, comp. Codes et lois du Burundi. 1st. ed. Bruxelles, F. Larcier, 1970. 1092 p. Blaise, Jean-Bernard and Jacques Mourgeon. Lois et décrets de Côte d'Ivoire. Paris, Librairies Techniques, 1970. 938 p.French & Italian speaking Africa - 20 Prosecutor General and in the interest of the law whereby the decision rendered does not affect any of the parties involved. Special Courts Several countries of French and Italian speaking sub- Saharan Africa have found it necessary after independence to institute exceptional jurisdictions and procedures, governed by special laws. These are called Special Criminal Courts in Cameroon, Congo (Brazzaville), Guinea, Malagasy Republic, Mauritania, and Sénégal. State Security Courts have been instituted in Chad, Dahomey, Gabon, Ivory Coast, Niger and Upper Volta. It is characteristic for these special jurisdictions to have an accelerated and simplified procedure, limited defense rights, aggravated penalties, and generally limited or no possibilities to appeal the decision. This trend seems to be in the increase and parallels the suspension of constitutional provisions and the installation of military or one-party governments in several French and Italian speaking countries of Africa. LIST OF SOURCES Bellon, Remi and P. Delfosse, comp. Codes et lois du Burundi. 1st. ed. Bruxelles, F. Larcier, 1970. 1092 p. Blaise, Jean-Bernard and Jacques Mourgeon. Lois et décrets de Côte d'Ivoire. Paris, Librairies Techniques, 1970. 938 p.French & Italian speaking Africa - 21 Cameroon. Code pénal. Yaoundé, Imprimerie nationale, 1969. 377 p. Central African Republic. Code pénal. 2d ed. Bangui, 1966. Codes et lois du Congo belge. 8th ed. Bruxelles, F. Larcier, 1959. 4 v. Dahomey. Code de procédure pénale. Journal Officiel de la République du Dahomey, No. 20, Sept. 1, 1967. p. 555-613. Gabon. Code pénal. Libreville, Journal Officiel, 1963. 70 p. Gabon. Code de procédure pénale. Libreville, 1961. 44 p. Gonidec, P. Cours d'institutions publiques africaines et malgaches. Paris, Cours de droit, 1965. 269 p. Guillot, E. J. Code pénal analatyque pour la Communauté, le Cameroun et le Togo. Paris, Librairies Techniques, 1959. 692 p. Guinea. Code de procédure pénale. Conakry, Impr. nationale Patrice Lumumba, 196-. 103 p. Jeol, Michel. Droit public africain (institutions politiques, administratives et judiciaires). Paris, Institut international d'administration publique, 1967. 408 p. Jeol, Michel. La réforme de la justice en Afrique noire. Paris, A. Pedone, 1963. 183 p. Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée. Paris, Editions Techniques, 1948. 12 v. (loose-leaf). La justice au Sénégal. 3d ed. Rufisque, Impr. nationale, 1969. 320 p.- La justice en République du Mali. Bamako, Ministrére de la Justice, 1965. 407 p. Malagasy Republic. Code ṕénal. Journal Officiel de la République malgache. Tananarive, Editions de la Librairie de Madagascar, 1965. 134 p. Malagasy Republic. Code de procédure pénale. Tananarive, Editions de la Librairie de Madagascar, 1965. 212 p.French & Italian speaking Africa - 21 Cameroon. Code pénal. Yaoundé, Imprimerie nationale, 1969. 377 p. Central African Republic. Code pénal. 2d ed. Bangui, 1966. Codes et lois du Congo belge. 8th ed. Bruxelles, F. Larcier, 1959. 4 v. Dahomey. Code de procédure pénale. Journal Officiel de la République du Dahomey, No. 20, Sept. 1, 1967. p. 555-613. Gabon. Code pénal. Libreville, Journal Officiel, 1963. 70 p. Gabon. Code de procédure pénale. Libreville, 1961. 44 p. Gonidec, P. Cours d'institutions publiques africaines et malgaches. Paris, Cours de droit, 1965. 269 p. Guillot, E. J. Code pénal analatyque pour la Communauté, le Cameroun et le Togo. Paris, Librairies Techniques, 1959. 692 p. Guinea. Code de procédure pénale. Conakry, Impr. nationale Patrice Lumumba, 196-. 103 p. Jeol, Michel. Droit public africain (institutions politiques, administratives et judiciaires). Paris, Institut international d'administration publique, 1967. 408 p. Jeol, Michel. La réforme de la justice en Afrique noire. Paris, A. Pedone, 1963. 183 p. Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée. Paris, Editions Techniques, 1948. 12 v. (loose-leaf). La justice au Sénégal. 3d ed. Rufisque, Impr. nationale, 1969. 320 p.- La justice en République du Mali. Bamako, Ministrére de la Justice, 1965. 407 p. Malagasy Republic. Code ṕénal. Journal Officiel de la République malgache. Tananarive, Editions de la Librairie de Madagascar, 1965. 134 p. Malagasy Republic. Code de procédure pénale. Tananarive, Editions de la Librairie de Madagascar, 1965. 212 p.French & Italian speaking Africa - 21 Cameroon. Code pénal. Yaoundé, Imprimerie nationale, 1969. 377 p. Central African Republic. Code pénal. 2d ed. Bangui, 1966. Codes et lois du Congo belge. 8th ed. Bruxelles, F. Larcier, 1959. 4 v. Dahomey. Code de procédure pénale. Journal Officiel de la République du Dahomey, No. 20, Sept. 1, 1967. p. 555-613. Gabon. Code pénal. Libreville, Journal Officiel, 1963. 70 p. Gabon. Code de procédure pénale. Libreville, 1961. 44 p. Gonidec, P. Cours d'institutions publiques africaines et malgaches. Paris, Cours de droit, 1965. 269 p. Guillot, E. J. Code pénal analatyque pour la Communauté, le Cameroun et le Togo. Paris, Librairies Techniques, 1959. 692 p. Guinea. Code de procédure pénale. Conakry, Impr. nationale Patrice Lumumba, 196-. 103 p. Jeol, Michel. Droit public africain (institutions politiques, administratives et judiciaires). Paris, Institut international d'administration publique, 1967. 408 p. Jeol, Michel. La réforme de la justice en Afrique noire. Paris, A. Pedone, 1963. 183 p. Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée. Paris, Editions Techniques, 1948. 12 v. (loose-leaf). La justice au Sénégal. 3d ed. Rufisque, Impr. nationale, 1969. 320 p.- La justice en République du Mali. Bamako, Ministrére de la Justice, 1965. 407 p. Malagasy Republic. Code ṕénal. Journal Officiel de la République malgache. Tananarive, Editions de la Librairie de Madagascar, 1965. 134 p. Malagasy Republic. Code de procédure pénale. Tananarive, Editions de la Librairie de Madagascar, 1965. 212 p.French & Italian speaking Africa - 21 Cameroon. Code pénal. Yaoundé, Imprimerie nationale, 1969. 377 p. Central African Republic. Code pénal. 2d ed. Bangui, 1966. Codes et lois du Congo belge. 8th ed. Bruxelles, F. Larcier, 1959. 4 v. Dahomey. Code de procédure pénale. Journal Officiel de la République du Dahomey, No. 20, Sept. 1, 1967. p. 555-613. Gabon. Code pénal. Libreville, Journal Officiel, 1963. 70 p. Gabon. Code de procédure pénale. Libreville, 1961. 44 p. Gonidec, P. Cours d'institutions publiques africaines et malgaches. Paris, Cours de droit, 1965. 269 p. Guillot, E. J. Code pénal analatyque pour la Communauté, le Cameroun et le Togo. Paris, Librairies Techniques, 1959. 692 p. Guinea. Code de procédure pénale. Conakry, Impr. nationale Patrice Lumumba, 196-. 103 p. Jeol, Michel. Droit public africain (institutions politiques, administratives et judiciaires). Paris, Institut international d'administration publique, 1967. 408 p. Jeol, Michel. La réforme de la justice en Afrique noire. Paris, A. Pedone, 1963. 183 p. Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée. Paris, Editions Techniques, 1948. 12 v. (loose-leaf). La justice au Sénégal. 3d ed. Rufisque, Impr. nationale, 1969. 320 p.- La justice en République du Mali. Bamako, Ministrére de la Justice, 1965. 407 p. Malagasy Republic. Code ṕénal. Journal Officiel de la République malgache. Tananarive, Editions de la Librairie de Madagascar, 1965. 134 p. Malagasy Republic. Code de procédure pénale. Tananarive, Editions de la Librairie de Madagascar, 1965. 212 p.French & Italian speaking Africa - 21 Cameroon. Code pénal. Yaoundé, Imprimerie nationale, 1969. 377 p. Central African Republic. Code pénal. 2d ed. Bangui, 1966. Codes et lois du Congo belge. 8th ed. Bruxelles, F. Larcier, 1959. 4 v. Dahomey. Code de procédure pénale. Journal Officiel de la République du Dahomey, No. 20, Sept. 1, 1967. p. 555-613. Gabon. Code pénal. Libreville, Journal Officiel, 1963. 70 p. Gabon. Code de procédure pénale. Libreville, 1961. 44 p. Gonidec, P. Cours d'institutions publiques africaines et malgaches. Paris, Cours de droit, 1965. 269 p. Guillot, E. J. Code pénal analatyque pour la Communauté, le Cameroun et le Togo. Paris, Librairies Techniques, 1959. 692 p. Guinea. Code de procédure pénale. Conakry, Impr. nationale Patrice Lumumba, 196-. 103 p. Jeol, Michel. Droit public africain (institutions politiques, administratives et judiciaires). Paris, Institut international d'administration publique, 1967. 408 p. Jeol, Michel. La réforme de la justice en Afrique noire. Paris, A. Pedone, 1963. 183 p. Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée. Paris, Editions Techniques, 1948. 12 v. (loose-leaf). La justice au Sénégal. 3d ed. Rufisque, Impr. nationale, 1969. 320 p.- La justice en République du Mali. Bamako, Ministrére de la Justice, 1965. 407 p. Malagasy Republic. Code ṕénal. Journal Officiel de la République malgache. Tananarive, Editions de la Librairie de Madagascar, 1965. 134 p. Malagasy Republic. Code de procédure pénale. Tananarive, Editions de la Librairie de Madagascar, 1965. 212 p.French & Italian speaking Africa - 22 Mangin, Gilbert. L'organization judiciaire des états d'Afrique et de Madagascar. Paris, Librairie générale de droit et de jurisprudence, 1962. 58 p. Masseron, Jean Paul. Le Pouvoir et la justice en Afrique noire francophone et á Madagascar. Paris, A. Pedone, 1966. 163 p. Mauritania. Code de procédure pénale. Bordeaux, Impr. Biére, 1963. 105 p. Mauritania. Organization judiciaire. Bordeaux, Impr. Biére, 1963. 11 p. Sénégal. Code pénal et Code des contraventions. Rufisque, Impr. nationale, 1972. 131 p. Sénégal. Code de procédure pénale. Rufisque, Impr. nationale, 1972. 209 p. Somalia. Codice penale somalo commentato ed annotato in base ai lavori preparatori. Milano, Giuffre, 1967. 431 p. Somalia. Criminal procedure code. Mogadiscio, Stamperoa dello Stato, 1965. 182 p. Supplément aux codes congolais. Législation de la République du Congo, 1960-1970. Bruxelles, F. Larcier, 1970. 4 v. Upper Volta. Code de procédure pénale: suivi des décrets d'application. Ouagadougou, Impr. nationale de la Haute-Volta, 1969. 328 p. Prepared by Dr. Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress March 1976 AW/at 3-18-76French & Italian speaking Africa - 22 Mangin, Gilbert. L'organization judiciaire des états d'Afrique et de Madagascar. Paris, Librairie générale de droit et de jurisprudence, 1962. 58 p. Masseron, Jean Paul. Le Pouvoir et la justice en Afrique noire francophone et á Madagascar. Paris, A. Pedone, 1966. 163 p. Mauritania. Code de procédure pénale. Bordeaux, Impr. Biére, 1963. 105 p. Mauritania. Organization judiciaire. Bordeaux, Impr. Biére, 1963. 11 p. Sénégal. Code pénal et Code des contraventions. Rufisque, Impr. nationale, 1972. 131 p. Sénégal. Code de procédure pénale. Rufisque, Impr. nationale, 1972. 209 p. Somalia. Codice penale somalo commentato ed annotato in base ai lavori preparatori. Milano, Giuffre, 1967. 431 p. Somalia. Criminal procedure code. Mogadiscio, Stamperoa dello Stato, 1965. 182 p. Supplément aux codes congolais. Législation de la République du Congo, 1960-1970. Bruxelles, F. Larcier, 1970. 4 v. Upper Volta. Code de procédure pénale: suivi des décrets d'application. Ouagadougou, Impr. nationale de la Haute-Volta, 1969. 328 p. Prepared by Dr. Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress March 1976 AW/at 3-18-76French & Italian speaking Africa - 22 Mangin, Gilbert. L'organization judiciaire des états d'Afrique et de Madagascar. Paris, Librairie générale de droit et de jurisprudence, 1962. 58 p. Masseron, Jean Paul. Le Pouvoir et la justice en Afrique noire francophone et á Madagascar. Paris, A. Pedone, 1966. 163 p. Mauritania. Code de procédure pénale. Bordeaux, Impr. Biére, 1963. 105 p. Mauritania. Organization judiciaire. Bordeaux, Impr. Biére, 1963. 11 p. Sénégal. Code pénal et Code des contraventions. Rufisque, Impr. nationale, 1972. 131 p. Sénégal. Code de procédure pénale. Rufisque, Impr. nationale, 1972. 209 p. Somalia. Codice penale somalo commentato ed annotato in base ai lavori preparatori. Milano, Giuffre, 1967. 431 p. Somalia. Criminal procedure code. Mogadiscio, Stamperoa dello Stato, 1965. 182 p. Supplément aux codes congolais. Législation de la République du Congo, 1960-1970. Bruxelles, F. Larcier, 1970. 4 v. Upper Volta. Code de procédure pénale: suivi des décrets d'application. Ouagadougou, Impr. nationale de la Haute-Volta, 1969. 328 p. Prepared by Dr. Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress March 1976 AW/at 3-18-76French & Italian speaking Africa - 22 Mangin, Gilbert. L'organization judiciaire des états d'Afrique et de Madagascar. Paris, Librairie générale de droit et de jurisprudence, 1962. 58 p. Masseron, Jean Paul. Le Pouvoir et la justice en Afrique noire francophone et á Madagascar. Paris, A. Pedone, 1966. 163 p. Mauritania. Code de procédure pénale. Bordeaux, Impr. Biére, 1963. 105 p. Mauritania. Organization judiciaire. Bordeaux, Impr. Biére, 1963. 11 p. Sénégal. Code pénal et Code des contraventions. Rufisque, Impr. nationale, 1972. 131 p. Sénégal. Code de procédure pénale. Rufisque, Impr. nationale, 1972. 209 p. Somalia. Codice penale somalo commentato ed annotato in base ai lavori preparatori. Milano, Giuffre, 1967. 431 p. Somalia. Criminal procedure code. Mogadiscio, Stamperoa dello Stato, 1965. 182 p. Supplément aux codes congolais. Législation de la République du Congo, 1960-1970. Bruxelles, F. Larcier, 1970. 4 v. Upper Volta. Code de procédure pénale: suivi des décrets d'application. Ouagadougou, Impr. nationale de la Haute-Volta, 1969. 328 p. Prepared by Dr. Anton Wekerle Senior Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress March 1976 AW/at 3-18-76